Date: To: August 25,2026 Governing Body 'if, CITY OF SANTA FE From: Romella Glorioso-Moss, Capital Projects Manager Via: Sw>JOHN BUf~t-JETT (Sep t 2026 11 :30:50 CDT) Sam Burnett, Public Works Department Director 7tf.t:1,«»s CS'C? f:/ff(Z. Marcos Esquibel, Interim Complete Streets Division Director a Carol Swenson, Public Works Business Operations Manager &L&-e """w=o~NN':'!!'E ~SWF.2'EN!;:J!!S:;;,,ON.,..,,(S,-ep..,.1,"""20=2a=o9,,..,.:1.,,..,s:1"""aM=o=-r) Subject: Amendment No. 3 to On-Call Construction Contract Item 23-0224 Vendor Name: GME General Building LLC Vendor Number: 9810 ACTION: Request for Approval of Amendment No. 3 to Item 23-0224 with GME General Building LLC to Increase the Amount of Compensation by $1,635,000 for a New Total Contract Amount of $21,635,000 including NMGRT for On-Call Roadway and Trails Construction Services. (Romella Glorioso-Moss, Capital Projects Manager, rsglorioso-moss@santafenm.gov) CONTRACT NUMBER: The original Munis Contract Number is 3204021. BACKGROUND AND SUMMARY: On May 14, 2023, the Governing Body approved on-call construction contracts with GM Emulsion LLC and three other vendors. These on-call contracts are essential to efficiently deploy funds for pavement rehabilitation and roadway and trails construction projects. In accordance with the Invitation to Bid (1TB No. 23/48/B) for On-Call Construction Services, multiple responsive vendors were selected for contracts based on lowest bidder and performance criteria. GM Emulsion has provided services throughout the City and proven to be cost-effective, reliable, and capable of consistently providing high quality results. This amendment increases the total amount of compensation by $1,635,000.00, to account for NMGRT not having been inserted into the original Contract and Amendment No. 2. Note that on-call contracts are not a guarantee of work and that task orders are issued as needs arise and funding is available. The new $21,635,000.00 (including NMGRT) maximum for this contract is based on the historical and anticipated needs across the City over the next seven years. ATTACHMENTS: Amendment No. 3 Certificate of Insurance Amendment No. 2 Item 26-0100 Amendment No. 1 Item 25-0198 Original Construction Contract Item 23-0224 PRIOR APPROVALS AND SUPPORTING INFORMATION: FUNDING SOURCE: Funding will be provided on a project-by-project basis. Fund Name/Number: Various Munis Org Name/Number: Various Munis Object Name/Number: Various Budget Officer/Designee: _An_•r_ew_J _Hop-ki-ns ________________Date: 0910112026 Budget Officer Comment/Exceptions: ______________________ PROCUREMENT METHOD: The procurement method used was NMSA 1978, Section 13-1-102, Invitation to Bid (1TB} No. 23/48/B, dated March 14, 2023. This procurement was conducted through a competitive sealed bid process in accordance with NMSA 1978, Section 13-1-103, Section 13-1-110, and Section 13-1-111 . The Invitation to Bid was released on 02/10/2023, and bids were due on 03/07/2023. Bids were publicly opened on 03/07/2023 at the designated time. GME General Building LLC submitted one of the lowest responsive and responsible bids that met all specifications. Accordingly, the award of the contract is recommended to GME General Building LLC. Chief Procurement Officer (CPO)/Designee:~_ -<1,,,,,_ .u_,,,;;a_ 7?!D_~________Date: 09I02l2026 CPO Comment/Exceptions: ___________________________ ASSOCIATED APPROVALS: IT Components included? □ Yes 1181 No Approval: ____________Title: ___________ Date: ______ Comment/Exceptions: ____________________________ Treasury/Point of Sale Components included? □ Yes 1181 No Approval: __________Title: ______________ Date: ______ Comment/Exceptions: ____________________________ Vehicles included? □ Yes 1181 No Approval: ____________Title: ___________ Date: ______ Comment/Exceptions: ____________________________ Construction to City Facilities, Furniture, and/or Fixtures, included? □ Yes 1181 No Approval: ____________Title: ___________ Date: ______ Comment/Exceptions: ____________________________ Is this an externally funded purchase? □ Yes 1181 No If yes, what is the issuing agency: ________________________ Approval: ____________Title: ___________ Date: ______ Comment/Exceptions: ____________________________ Capital Asset or Project? □ Yes 1181 No Project Ledger Number ____________________________ Approval: ____________Title: ___________ Date: ______ Comment/Exceptions: ____________________________ ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 2/12/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2:i~cT Melissa Morris Burke Insurance Group, LLC r,.~gN:n Evtl: 575-616-5325 I FAX 1690 S. T elshor Blvd IA/C Nol: Las Cruces NM 88011 ~flJ~ss: melissa.morris@risk-strateqies.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : United Fire Group 13021 INSURED GMEGENE-01 INSURER B : Builders Trust of NM 525190 GME General Building, LLC INSURERC : 3225 Richards Lane, Suite A Santa FE NM 87507 INSURERD : INSURERE : INSURERF : COVERAGES CERTIFICATE NUMBER: 1676428594 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICYEFF POLICY EXP LTR TYPE OF INSURANCE ,.,.,n ''"'"" POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY y y 60511880 1/1/2026 1/1/2027 EACH OCCURRENCE $1 ,000,000f-- D CLAIMS-MADE 0 OCCUR UAMAGE TO RENTED f-- PREMISES /Ea occurrence\ $100,000 f-- MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 f-- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 R 0 PRO- D Loc PRODUCTS - COMP/OP AGG $2,000,000POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY y y 60511880 1/1/2026 1/1/2027 COMBINED SINGLE LIMIT $1 ,000,000/Ea accident\f-- X ANY AUTO BODILY INJURY (Per person) $ f-- ~ OWNED SCHEDULED BODILY INJURY (Per accident) $ f-- AUTOS ONLY f-- AUTOS X HIRED X NON-OWNED rp~~~;c~Je~RAMAGE $ AUTOS ONLY AUTOS ONLY Hired and Non-Owned $1 ,000,000 A X UMBRELLA LIAB MOCCUR 60511880 1/1/2026 1/1/2027 EACH OCCURRENCE $1 ,000,000f-- EXCESSLIAB CLAIMS-MADE AGGREGATE $1 ,000,000 OED I I RETENTION $ $ B WORKERS COMPENSATION y WC-1 00-0006394-2026A 1/1/2026 1/1/2027 X I PER I I OTH- STATUTE ERAND EMPLOYERS' LIABILITY Y/N AN YPROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $2,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $2,000,000 g~;~~~f~~ ~ntgPERATIONS below E.L. DISEASE - POLICY LIMIT $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101 , Additional Remarks Schedule, may be attached if more space is required) Project: Any and All Jobs See Attached .. . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Fe 737 Agua Fria St AUTHORIZED REPRESENTATIVE Santa Fe NM 87501 ~4---I © 1988-2015 ACORD CORPORATION. All rights reserved . ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Date: To: February 13, 2026 Governing Body • CITY OF SANTA E From: Sam Burnett, Interim Public Works Department Director, [p.p. Timothy Farrell, Acting Public Works Director] Tmwo/r~ Subject: Vendor Name: Amendment No. 2 to On-Call Construction Contract Item 23-0224 GME General Building LLC Vendor Number: 9810 ACTION: Request for Approval of Amendment No. 2 to Construction Contract Item 23-0224 with GME General Building LLC to Increase the Amount of Compensation by $10,000,000 for a New Total Compensation of $20,000,000 Excluding NMGRT and Extend the Term to May 14, 2033. (Sam Burnett, Interim Public Works Department Director, jsburnett@santafenm.gov) CONTRACT NUMBER: The original Munis Contract Number is 3204021. BACKGROUND AND SUMMARY: On May 14, 2023, the Governing Body approved on-call construction contracts with GME General Building LLC and three other vendors. These on-call contracts are essential to efficiently deploy funds for pavement rehabilitation and roadway and trails construction projects. In accordance with the Invitation to Bid (1TB No. 23/48/B) for On-Call Construction Services, multiple responsive vendors were selected for contracts based on lowest bidder and performance criteria. GME General Building LLC has provided services throughout the City and proven to be cost-effective, reliable, and capable of consistently providing high quality results. This amendment increases the amount of compensation by $10,000,000 for a new total compensation of $20,000,000 (excluding 8.1875% NMGRT) and extends the contract for an additional period of seven (7) years, terminating May 14, 2033. A contract for construction services may not exceed ten (10) years, including all extensions and renewals, except as otherwise provided by NMSA 1978, Sections 13-1-150 through 152 or SFCC 1987, Section 11-13. Note that on-call contracts are not a guarantee of work and that task orders are issued as needs arise and funding is available. The new $20,000,000 (excluding 8.1875% NMGRT) maximum for this contract is based on the historical and anticipated needs across the City over the next seven years. ATTACHMENTS: Amendment No. 2 Certificate of Insurance Amendment No. 1 Original Construction Contract Item 23-0224 CoSF Version 7 4.21.2025 PRIOR APPROVALS AND SUPPORTING INFORMATION: FUNDING SOURCE: Funding will be provided on a project-by-project basis. Fund Name/Number: Various Munis Org Name/Number: Various Munis Object Name/Number: Various . . 11/(fu, llooir'tr.s> 02/13/2026Budget Off1cer/Des1gnee: __d__r_______________ Date: Budget Officer Comment/Exceptions: ______________________ PROCUREMENT METHOD: The procurement method used was NMSA 1978, Section 13-1-102, Invitation to Bid (1TB) No. 23/48/B, dated March 14, 2023. Chief Procurement Officer (CPO)/Designee: - ~- ,1_,.,.,_ &_ vd:>_ ~_ ~ _ -________Date: 02/13/2026 CPO Comment/Exceptions: _lncr_ea_sin_gco_m_p_and_e_xte_nd_ing_term____________________ ASSOCIATED APPROVALS: IT Components included? □ Yes I ~ No Approval: ____________ Title: __________ Date: _____ Comment/Exceptions: ___________________________ Treasury/Point of Sale Components included? □ Yes I ~ No Approval: _________ Title: _____________ Date: _____ Comment/Exceptions: ___________________________ Vehicles included? □ Yes I ~ No Approval: ____________ Title: __________ Date: _____ Comment/Exceptions: ___________________________ Construction to City Facilities, Furniture, and/or Fixtures, included? □ Yes I ~ No Approval: ____________ Title: __________ Date: _____ Comment/Exceptions: ___________________________ Is this an externally funded purchase? □ Yes I~ No If yes, what is the issuing agency: ________________________ Approval: ____________ Title: __________ Date: _____ Comment/Exceptions: ___________________________ Capital Asset or Project? □ Yes I~ No Project Ledger Number ___________________________ Approval: ____________ Title: __________ Date: _____ Comment/Exceptions: ___________________________ Item No.: 26-0100 Munis Contract No.: 3204021 Original Contract Item No.: 23-0224 ITB No.: 23/48/B CITY OF SANTA FE, PUBLIC WORKS DEPARTMENT AMENDMENT No. 2 TO Item No. 23-0224 ON-CALL CONSTRUCTION CONTRACT This AMENDMENT No. 2 (the "Amendment") amends the CITY OF SANTA FE CONTRACT, dated May 14, 2023 (the "Contract"), between the City of Santa Fe (the "City") and GME General Building LLC (the "Contractor"). The date of this Amendment shall be the date when it is executed by the City and the Contractor whichever occurs last. RECITALS: A. Under the terms of the Contract, Contractor has agreed to provide on-call roadway and trail construction services, which consists of, but are not limited to: construction of new pavement, multi-use trail sections, and related infrastructure such as storm water drainage, bicycle, and pedestrian facilities, throughout the City of Santa Fe. B. Pursuant to Article 14 of the Contract, and for good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the City and the Contractor agree as follows: CoSF 1. COMPENSATION Article 2, paragraph A of the Contract is amended to increase the amount of compensation by a total of $10,000,000.00 so that Article 2, paragraph A reads in its entirety as follows: A. The City shall pay to the Contractor in full payment for services satisfactorily performed as per task order. When a task order is issued, the awarded contractor will price the Version 7 6.20.2025 items in revised Attachment 1 according to the prices bid and will price the items in Attachment 2 according to the specifications in the Task Order for those items. The total amount payable to the Contractor under this agreement, including Alternates (if needed), shall not exceed twenty million dollars ($20,000,000.00) excluding gross receipts tax. The New Mexico gross receipts tax levied on the amounts payable under this Agreement shall be paid by the City to the Contractor. This amount is a maximum and not a guarantee that the work assigned to be performed by Contractor under this Agreement shall equal the amount stated herein. The parties do not intend for the Contractor to continue to provide services without compensation when the total compensation amount is reached. Contractor is responsible for notifying the City when the services provided under this agreement reach the total compensation amount. In no event will the Contractor be paid for services provided in excess of the total compensation amount without this Agreement being amended in writing prior to those services in excess of the total compensation amount being provided. 2. TERM Article 3 of the Contract is hereby deleted in its entirety and substitute the following Article 3 in its place: IBIS CONTRACT SHALL NOT BECOME EFFECTIVE UNTIL APPROVED IN WRITING BY TIIE CITY. This Contract shall terminate May 14, 2033, unless terminated pursuant to Article 4 (Termination), or Article 5 (Appropriations). It is being extended for an additional period of seven (7) years by mutual agreement of all parties and approval of the City of Santa Fe at the same terms and conditions. A contract for construction services may not exceed ten (10) years, including all extensions and renewals, except as otherwise 2 provided by NMSA 1978, Sections 13-1-150 through 13-1-152 or SFCC 1987, Section 11- 13. 3. CON1RACT IN FULL FORCE Except as specifically provided in this Amendment, the Contract remains and shall remain in full force and effect, in accordance with its terms. IN WITNESS WHEREOF, the parties have executed this Amendment No. 2 to the Contract as of the dates set forth below. CITY OF SANTA FE: MICHAEL J. GARCIA, MAYOR DATE: 03/13/2026 ATTEST: ».½N/ CITY CLERK GB MTG 03/11/26 CITY ATTORNEY'S OFFICE: Kevin L. Nault (Feb 3, 2026 16:02:55 MST) KEVIN NAULT, ASSISTANT CITY ATTORNEY APPROVED FOR FINANCES: FINANCE DIRECTOR CONTRACTOR: GME General Building LLC G---ERIK TRUJILLO, VICE PRESIDENT DATE: Feb 3, 2026 NMBTIN: 03-420217000 3 CITY OF SANTA FE AMENDMENT No. 1 TO Construction Contract ITEM# 23-0224 Item# 25-0198 Munis Contract# 3 2 0 4 0 21 --------- Original Contract Item#__2=3--0=2=24-'------ ITB #: 23/48/B This AMENDMENT No. 1 (the "Amendment") amends the CITY OF SANTA FE on-call CONSTRUCTION CONTRACT, dated May 14, 2023 (the "Contract"), between the City of Santa Fe (the "City") and GME General Building, LLC (the "Contractor"). The date of this Amendment shall be the date when it is executed by the City and the Contractor whichever occurs last. RECITALS: A. Under the terms of the Contract, Contractor has agreed to provide on-call roadway and trail construction services, which consists of, but are not limited to: construction of new pavement, multi-use trail sections, and related infrastructure such as storm water drainage, bicycle, and pedestrian facilities, throughout the City of Santa Fe. B. Pursuant to Article 14 of the Contract, and for good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the City and the Contractor agree as follows: 1. COMPENSATION. Article 2, paragraph D of the Contract is amended by replacing Attachment 1 with the revised Attachment 1, attached hereto. Article 2. of the Contract is hereby amended to add the following Article 2.E: E. Cost Increases Due to Changes in Law CoSF Version 4 12.20.2023 In the event that changes in tariff rates increases the price of goods or materials following the effective date of this amendment, the Contractor may request additional goods or materials cost increases from the City. In its request, the Contractor should identify the law that has impacted the price of goods or materials and how directly it impacts the specific goods or materials required by the Contractor for this specific contract. Subject to the availability of the budget and funding, the Public Works Director shall have the discretion to approve or disapprove unanticipated goods or material cost increases. To support her decision, the Public Works director may request further documentation from the Contractor to support goods or material cost increases. To facilitate prompt consideration, all requests for cost increases must include all information listed below: 1. Agreement Item Number 2. Current Item Price 3. Proposed New Price 4. Percentage oflncrease 5. Mill/Supplier Notification of price increase indicating percentage of increase and including the reason for the mcrease. 2. TERM: Article 3 of the Contract is hereby deleted in its entirety and substitute the following Article 3 in its place: This Contract shall be effective when signed by the City and shall terminate on May 30, 2026 unless terminated pursuant to paragraph 4 (Termination) or paragraph 5 (Appropriations). The City reserves the right to renew this contract on an annual basis by mutual agreement not to exceed a total of ten (10) years in accordance with NMSA 1978, Sections 13-1-150 through 152. 2 3. CONTRACT IN FULL FORCE. Except as specifically provided in this Amendment, the Contract remains and shall remain in full force and effect, in accordance with its terms. IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 to the Contract as of the dates set forth below. CITY OF SANTA FE: Alan Webber (May 29, 2025 22:13 EDT) ALAN WEBBER, MAYOR DATE: 05/29/2025 ATTEST: Bt&"<::~ANDREA SALA~ ~ ,202520:16 MDT) ANDREA SALAZAR, CITY CLERK WJJ GB MTG 05/28/25 CITY ATTORNEY'S OFFICE: Matco,r Matt/nezMarcos Martinez (Apr 11, 202515:54 MDT) SENIOR ASSISTANT CITY ATTORNEY APPROVED FOR FINANCES: FINANCE DIRECTOR CONTRACTOR: GME General Building, LLC. G---ERIK TRUJILLO VICE-PRESIDENT DATE: Apr 10, 2025 CRS#03-420217-00-0 Registration# 19-00110289 3 ATTACHMENT #1 Item# 1 2 3 4 5 6 ~ - CITY OF SANTA FE PURCHASING OFFICE 200 Lincoln Ave Room 120 Santa Fe, NM 87505 Travis Dutton-Leyda - CPO Purchasing Officer BID OPENING DATE: 3/14/23 2:00PM MST 1TB # 23/48/B - On-Call Roadway and Trails Construction Services Awarded Contractor: GME General Building, LLC. (Item# 23-0224; Munis # 3204021) Current Unit Proposed New Price Written Unit Price Percentage Unit of Written in Bid Item Item description Measure Quantity in Numbers Numbers of Increase/ (Dollars & (Dollars & (Decrease) Cents) Cents) 203000 Unclassified Excavation C.Y. 1 $22.50 $27.00 203/, 203100 Borrow C.Y. 1 $25 .50 $30.60 203/, 203200 Unsuitable Material C.Y. Excavation 1 $27.80 $33.36 203/, (Sub-excavation) 203205 Sub-excavation & C.Y. 1 $38.50 $46.20 203/, Re-compaction 203211 Unstable Subgrade S.Y. 1 $15.50 $18.60 203/, Stabilization 207000 Subgrade Preparation S.Y./IN 1 $7.50 $9.00 203/, (1-500 SY/IN) 207000A Subgrade Preparation S.Y./IN 1 ~~ '" ~'7 Q() '){)0/- - ,- - - l - .j)U.JU .J) / .OU L-U/1 (501-1,500 SY/IN) 8 207000B Subgrade Preparation S.Y./IN 1 $5.50 $6.60 203/, (1,501+ SY/IN) 9 208000 Linear Grading Mile 1 $2,500.00 $3,000.00 203/, 10 209000 Blading and Reshaping Mile 1 $5,500.00 $6,600.00 203/, 11 210000 Excavation & Backfill C.Y. 1 $450.00 $540.00 203/, for Maior Structures 12 210005 Temporary Retaining S.F. 1 $95.00 $114.00 203/, Wall/Sloping Process Placing & 13 302000 Compact Exterior S.Y. 1 $5.50 $6.60 203/, Pavement 14 303015 Base Course (1-500 S.Y./IN 1 $2.25 $2.70 203/, SY/IN) 15 303015A Base Course (501-1,500 S.Y./IN 1 $2.25 $2.70 203/, SY/IN) 16 303015B Base Course (1,501 + S.Y./IN 1 $2.25 $2.70 203/, SY/IN) 17 303160 Base Course 6" S.Y. 1 $13.25 $15.90 203/, 18 403600 Open Graded Friction S.Y./IN 1 $27.50 $33.00 203/, Course Complete (5/8") 19 405000 Detour Pavement S.Y. 1 $71.50 $85.80 203/, Construction 20 407000 Asphalt Material for Ton 1 $1,045.00 $1,254.00 203/, Tack Coat 21 407000A Fog Seal for Roadway Ton 1 $1,375.00 $1,650.00 203/, 22 407000B Fog Seal for Trails Ton 1 $1,650.00 $1,980.00 203/, 23 403701 Open Graded Friction Ton 1 $165.00 $198.00 203/, Course Complete 24 408100 Prime Coat Material Ton 1 $1,045.00 $1,254.00 203/, 25 411000 Hot Poured Crack LB 1 $3.85 $4.62 203/, Sealing Polymer 26 411100 Binder/Aggregate Blend LB 1 $4.95 $5.94 203/, Crack Repair ( 1" - 6" Wide cracks) 27 414000 Cold Milling (Asphalt) S.Y./IN 1 $1.50 $1.80 203/, (1-10,000 SY/IN) 414000A Cold Milling (Asphalt) 28 (10,001 - 50,000 SY/IN) S.Y./IN 1 $1.50 $1.80 203/, 29 414000B Cold Milling (Asphalt) S.Y./IN 1 $1.50 $1.80 203/, (50,001 + SY/IN) 30 414120 Cold Milling (Asphalt) S.Y. 1 $1.50 $1.80 203/, 2" 31 416000 Minor Pavement S.Y./IN 1 $16.50 $19.80 203/, 32 416107 Minor Paving Type I, S.Y. 1 $181.50 $217.80 203/, HMASP-111 33 417000 Miscellaneous Paving S.Y. 1 $181.50 $217.80 203/, 34 417100 Asphalt Curb (6" Width) L.F. 1 $55.00 $66.00 203/, 35 423250 HMA-SP-III Complete S.Y./IN 1 $14.30 $17.16 203/, (1-10,000 SY/IN) 426250A HMA-SP-III Complete 36 (10,001 - 50,000 SY/IN) S.Y./IN 1 $14.30 $17.16 203/, 37 426250B HMA-SP-III Complete S.Y./IN 1 $14.30 $17.16 203/, (50,001+ SY/IN) 38 423283 HMA SP-IV Complete Ton 1 $165.00 $198.00 203/, HMA SP-IV Complete- 39 423283A 6422 Oil (1-10,000 S.Y/IN 1 $14.30 $17.16 203/, SY/IN) HMA SP-IV Complete- 40 423283B 6422 Oil (10,001-50,000 S.Y./IN 1 $14.30 $17.16 203/, SY/IN) HMA SP-IV Complete- 41 423283C 6422 Oil (50,001 + S.Y./IN 1 $14.30 $17.16 203/, SY/IN) Concrete Pavement - 6" 42 451060 (Complete-Replace in- S.Y./IN 1 $250.00 $300.00 203/, kind dowelled & wire mesh) 43 451080 Concrete Pavement - 8" S.Y. 1 $285.00 $342.00 203/, 44 502030 Drilled Shaft Foundation L.F. 1 $300.00 $360.00 203/, 30" D 45 511000 Structural Concrete, CL C.Y. 1 $1,650.00 $1,980.00 203/, A 46 511500 Concrete Patch Work S.F. 1 $250.00 $300.00 203/, (1/4" to ½" Thick) 47 511501 Stucco (Color S.F. 1 $11.50 $13.80 203/, Determined by Project) 48 515000 Reinforced Concrete for C.Y. 1 $1,650.00 $1,980.00 203/, Minor Structures 49 516000 Flowable Fill C.Y. 1 $250.00 $300.00 203/, 50 531001 Permanent Anti-Graffiti S.F. 1 $8.25 $9.90 203/, Protective Coat 51 540060 Reinforcing Bars Grade LB 1 $2.25 $2.70 203/, 60 52 541200 Structural Steel for LB 1 $3.35 $4.02 203/, Miscellaneous Structures 53 543002A Metal Railing, Type D L.F. 1 $225.00 $270.00 203/, 54 543002B Metal Railing, Type W L.F 1 $250.00 $300.00 203/, - - - 55 543002C Metal Railing, Type L.F. 1 $325.00 $390.00 203/, Thrie 56 570012 12" Culvert Pipe L.F. 1 $55.00 $66.00 203/, 57 570018 18" Culvert Pipe L.F. 1 $77.00 $92.40 203/, 58 570024 24" Culvert Pipe L.F. 1 $99.00 $118.80 203/, 59 570025 24" Culvert Pipe End EACH 1 $825.00 $990.00 203/, Section 60 570030 30" Culvert Pipe L.F. 1 $137.50 $165.00 203/, 61 570031 30" Culvert Pipe End EACH 1 $1,650.00 $1,980.00 203/, Section 62 570036 36" Culvert Pipe L.F. 1 $165.00 $198.00 203/, 63 570037 36" Culvert Pipe End EACH 1 $2,090.00 $2,508.00 203/, Section 64 570048 48" Culvert Pipe L.F. 1 $247.50 $297.00 203/, 65 570049 48" Culvert Pipe End EACH 1 $4,400.00 $5,280.00 203/, Section 66 570425 18" Storm Drain Culvert L.F. 1 $110.00 $132.00 203/, Pipe 67 570429 18" Storm Drain Culvert EACH 1 $550.00 $660.00 203/, Pipe End Section 68 570437 24" Storm Drain Culvert L.F. 1 $132.00 $158.40 203/, Pipe 69 570441 24" Storm Drain Culvert EACH 1 $836.00 $1,003.20 203/, Pipe End Section 70 571000 3/8" Diamond Plate S.F. 1 $25.00 $30.00 203/, 71 601110 Removal of Surfacing S.Y. 1 $3.30 $3.96 203/, 72 602010 Riprap Class B C.Y. 1 $275.00 $330.00 203/, 73 602030 Riprap Class D C.Y. 1 $275.00 $330.00 203/, 74 602060 Riprap Class G C.Y. 1 $275.00 $330.00 203/, 75 602200 Gabions with rocks C.Y. 1 $385.00 $462.00 203/, 76 603100 Temporary Soil Stabilant ACRE 1 $550.00 $660.00 203/, 77 603200 Silt Fence L.F. 1 $7.50 $9.00 203/, 78 603220 Check Dam Type I L.F. 1 $70.00 $84.00 203/, 79 603250 Drop Inlet Protection EACH 1 $250.00 $300.00 203/, Type I 80 603251 Drop Inlet Protection EACH 1 $250.00 $300.00 203/, Type II 81 603261 Mulch Socks L.F. 1 $4.00 $4.80 203/, 82 603262 Composted Mulch Socks L.F. 1 $4.00 $4.80 203/, 83 606000 Metal Barrier W-Beam L.F. 1 $50.00 $60.00 203/, 84 606010 Metal Barrier Thrie - L.F. 1 $130.00 $156.00 203/, Beam 85 606050 Metal Barrier End EACH 1 $3,000.00 $3,600.00 203/, Treatment (Anchorage) 86 606051 End Treatment TL-3 EACH 1 $4,500.00 $5,400.00 203/, End Terminal 87 606052 End Treatment TL-2 EACH 1 $3,750.00 $4,500.00 203/, End Terminal 88 606054 End Treatment Thrie - EACH 1 $4,500.00 $5,400.00 203/, Beam End Anchor 89 606499 Post and Cable Barrier L.F. 1 $55.50 $66.60 203/, 90 607004 Barbed Wire Fence 4' L.F. 1 $5.50 $6.60 203/, 91 607005 Barbless Wire Fence 4' L.F. 1 $5.50 $6.60 203/, 92 607026 Chain Link Fence 6' L.F. 1 $85.00 $102.00 203/, 93 607079 Pedestrian/Bicycle L.F. 1 $225.00 $270.00 203/, Railing 94 607080 Bike Racks EACH 1 $1,150.00 $1,380.00 203/, 95 607455 Chain Link Gate, 8' X 8' EACH 1 $1,250.00 $1,500.00 203/, 96 608004 Concrete Sidewalk 4", (1 S.Y. 1 $125.00 $150.00 203/, 100 SY) 97 608004A Concrete Sidewalk 4", S.Y. 1 $115.50 $138.60 203/, (101-500 SY) 98 608004B Concrete Sidewalk 4" S.Y. 1 $102.50 $123.00 203/, (501+ SY) 99 608005 Concrete Sidewalk 4" S.Y. 1 $135.50 $162.60 203/, Colored (1-100 SY) 100 608005A Concrete Sidewalk 4" S.Y. I $125.50 $150.60 203/, Colored (101-500 SY) 101 608005B Concrete Sidewalk 4" S.Y. I $115.50 $138.60 203/, Colored (501 + SY) 102 608106 Drive Pad 6" S.Y. 1 $125.50 $150.60 203/, 103 608204 Concrete Median S.Y. 1 $125.50 $150.60 203/, Pavement4" 104 608300 Detectable Warning S.F. 1 $65.00 $78.00 203/, Plastic 105 608400 Ada Ramp S.Y. 1 $4,500.00 $5,400.00 203/, Concrete Medium 106 608404 Pavement 4" (Colored & S.Y. 1 $135.50 $162.60 203/, Patterned) 107 609200 Header Curb L.F. 1 $30.00 $36.00 203/, 108 609202 12"-18" Tall Cut-Off L.F. 1 $45.00 $54.00 203/, Wall 109 609204 Concrete Fillets (Valley S.Y. 1 $125.50 $150.60 203/, Gutter Exclusive) Concrete Sloped Curb 110 609318 and Gutter 6" X 18" (1- L.F. 1 $40.00 $48.00 203/, 250 LF) Concrete Sloped Curb 111 609318A and Gutter 6" X 18" L.F. 1 $35.00 $42.00 203/, (251+ LF) Concrete Sloped Curb 112 609318B and Gutter 6" X 18" L.F. 1 $42.00 $50.40 203/, Colored, (1-250 LF) Concrete Sloped Curb 113 609318C and Gutter 6" X 18" L.F. 1 $38.00 $45.60 203/, Colored, (251 + LF) Concrete Sloped Curb 114 609324 and Gutter 6" X 24" (1- L.F. 1 $45.00 $54.00 203/, 100 LF) Concrete Sloped Curb 115 609324A and Gutter 6" X 24" L.F. 1 $40.00 $48.00 203/, (101+ LF) Concrete Sloped Curb 116 609324B and Gutter 6" X 24" L.F. 1 $50.00 $60.00 203/, Colored, (1-100 LF) Concrete Sloped Curb 117 609324C and Gutter 6" X 24" L.F. 1 $45.00 $54.00 203/, Colored, (101 + LF) 118 609412 Concrete Vertical Curb L.F. 1 $35.00 $42.00 203/, & Gutter B 6"X12" Concrete Vertical Curb 119 609418 & Gutter B 6"X18", (1- L.F. 1 $45.00 $54.00 203/, 25 LF) Concrete Vertical Curb 120 609418A & Gutter B 6"X18", (26- L.F. 1 $40.00 $48.00 203/, 250 LF) Concrete Vertical Curb 121 609418B & Gutter B 6"X18", L.F. 1 $35.00 $42.00 203/, (251+ LF) Concrete Vertical Curb 122 609418C & Gutter B 6"Xl 8" L.F. 1 $50.00 $60.00 203/, Colored, (1-25 LF) Concrete Vertical Curb 123 609418D & Gutter B 6"Xl 8" L.F. 1 $45.00 $54.00 203/, Colored, (26-250 LF) Concrete Vertical Curb 124 609418E & Gutter B 6"Xl 8" L.F. 1 $40.00 $48.00 203/, Colored (251 + LF) 125 609424 Concrete Vertical Curb L.F. 1 $45.00 $54.00 203/, & Gutter B 6" X 24" Concrete Vertical Curb 126 609424A & Gutter B 6" X 24" L.F. 1 $50.00 $60.00 203/, Colored Concrete Vertical Curb 127 609430 & Gutter 6" X 30", (1- L.F. 1 $55.00 $66.00 203/, 30 LF) 609430A Concrete Vertical Curb L.F. 128 & Gutter 1 $50.00 $60.00 203/, 6" X 30" (31-250 LF) Concrete Vertical Curb 129 609430B & Gutter 6" X 30", L.F. 1 $45.00 $54.00 203/, (251 + LF) 609430C Concrete Vertical Curb L.F. 130 & Gutter 1 $60.00 $72.00 203/, 6" X 30" Colored (1-30 LF) Concrete Vertical Curb 131 609430D & Gutter 6" X 30" L.F. 1 $55.00 $66.00 203/, Colored (31-250 LF) Concrete Vertical Curb 132 609430E & Gutter 6" X 30" L.F. 1 $50.00 $60.00 203/, Colored, (251 + LF) Concrete Valley Gutter 133 609600 and Fillet 6" X Variable L.F. 1 $125.00 $150.00 203/, Width Concrete Valley Gutter 134 609600A and Fillet Colored, 6" X L.F. 1 $130.00 $156.00 203/, Variable Width 135 609624 Concrete Valley Gutter L.F. 1 $30.00 $36.00 203/, 6"X24" 136 609649 Concrete Valley Gutter L.F. 1 $70.00 $84.00 203/, 6"X60" Concrete Laydown Curb 137 609706 and Gutter 6" X 24" (1- L.F. 1 $45.00 $54.00 203/, 25 LF) Concrete Laydown Curb 138 609706A and Gutter 6" X 24" (26- L.F. 1 $40.00 $48.00 203/, 250 LF) Concrete Laydown Curb 139 609706B and Gutter 6" X 24" L.F. 1 $35.00 $42.00 203/, (251+ LF) Concrete Laydown Curb 140 609706C and Gutter 6" X 24" L.F. 1 $50.00 $60.00 203/, Colored (1-25 LF) Concrete Laydown Curb 141 609706D and Gutter 6" X 24" L.F. 1 $45.00 $54.00 203/, Colored (26-250 LF) Concrete Laydown Curb 142 609706E and Gutter 6" X 24" L.F. 1 $40.00 $48.00 203/, Colored (251 + LF) - - - 143 609999 Concrete Curb Returns S.Y. 1 $125.00 $150.00 203/, (Complete) 144 618000A Traffic Control DAY 1 $1,050.00 $1,260.00 203/, Management (Major) 145 618000B Traffic Control DAY 1 $850.00 $1,020.00 203/, Management (Minor) 623001 Median Drop Inlet Type EACH 146 I (Urban) 1 $15,000.00 $18,000.00 203/, H=3'1" to 6'0" Median Drop Inlet 147 623045 (Valley/U) H=3'1" TO EACH 1 $8,500.00 $10,200.00 203/, 6'0" 148 623311 Curb Drop Inlet Type 1- EACH 1 $35,000.00 $42,000.00 203/, Bto4' 623405 Drop Inlet 4'X4' (Type 149 II) EACH 1 $13,500.00 $16,200.00 203/, H=4'-1" TO 6'-0" 150 623501 Transverse Drop Inlet EACH 1 $9,500.00 $11,400.00 203/, 151 623600 Junction Box EACH 1 $4,200.00 $5,040.00 203/, 152 623999 Modify Existing Inlet EACH 1 $12,500.00 $15,000.00 203/, 153 632000 Class A Seeding ACRE 1 $11,000.00 $13,200.00 203/, 154 632020 Class C Seeding ACRE 1 $29,000.00 $34,800.00 203/, 155 632100 Manhole Extension EACH 1 $1,400.00 $1,680.00 203/, 156 662300 Tie to Existing Manhole EACH 1 $850.00 $1,020.00 203/, Manhole Adjustments (Frame and Collar Cover 157 662400 to be Considered EACH 1 $1,950.00 $2,340.00 203/, Incidental to This Pay Item) 158 662500 Manhole Frame and EACH 1 $1,250.00 $1,500.00 203/, Cover Pressure-Reducing 159 663001 Valve (PRV) Relocation EACH 1 $5,500.00 $6,600.00 203/. (refer to Section 663, SSHBC) 160 663110 Remove & Relocate Fire EACH 1 $8,250.00 $9,900.00 203/. Hydrant 161 663850 Water Valve Adjustment EACH 1 $800.00 $960.00 203/. 162 663855 Adjust Valve Box to EACH 1 $450.00 $540.00 203/. Grade 163 667110 Mailbox Installation - EACH 1 $450.00 $540.00 203/, Single 164 667209 Crusher Fines C.Y. 1 $175.00 $210.00 203/, 165 667210 Landscape Gravel, S.Y./IN 1 $75.00 $90.00 203/, (Santa Fe Brown) 166 667500 Bollard EACH 1 $1,200.00 $1,440.00 203/, 167 667501 Parking Bumpers EACH 1 $250.00 $300.00 203/. 168 667505 Lay New Brick Sidewalk S.Y. 1 $175.00 $210.00 203/. 169 667510 Remove and Reset Brick S.Y. 1 $225.00 $270.00 203/, Sidewalk 170 667515 Litter Receptacle EACH 1 $850.00 $1,020.00 203/, 171 667520A Park Bench 6' EACH 1 $1,050.00 $1,260.00 203/. 172 667520B Park Bench 8' EACH 1 $1,250.00 $1,500.00 203/, 173 701000 Panel Signs S.F. 1 $32.50 $39.00 203/, Steel Post and Base Post 174 701100 for Aluminum Panel L.F. 1 Signs 175 701030 Remove and Reset Panel EACH 1 $850.00 $1,020.00 203/. Sign 176 701100 Steel/Base Post for L.F. 1 $18.50 $22.20 203/. Aluminum Panel Signs - - 177 702000 Construction Signing S.F. 1 $18.50 $22.20 203/, 178 702110 Portable Sign Support EACH 1 $165.00 $198.00 203/, 179 702110 Portable Sign Support EACH 1 180 702320 Vertical Panel EACH 1 $85.00 $102.00 203/, 181 702610 Portable Changeable EACH 1 $14,500.00 $17,400.00 203/, Message Sign Temporary Traffic 182 702700 Signal Span (refer to EACH 1 $45,000.00 $54,000.00 203/, Section 702, SSHBC) 183 702710 Mobile Traffic Signal EACH 1 $65,000.00 $78,000.00 203/, System 184 703300 Reflective Barrier EACH 1 $50.00 $60.00 203/, Delineator Retroreflectorized 185 704000 Painted Markings 4 ", L.F. 1 $1.25 $1.50 203/, (Layout Inclusive) Retroreflectorized 186 704004 Painted Markings 12" L.F. 1 $3.25 $3.90 203/, (Layout Inclusive) Temporary 187 704099 Retroreflectorized L.F. 1 $1.25 $1.50 203/, Painted Markings 4" 188 704100 Removable Marking L.F. 1 $5.00 $6.00 203/, Tape4" 189 704104 Removable Marking L.F. 1 $22.50 $27.00 203/, Tape 12" 190 704704 Hot Thermoplastic L.F. 1 $18.50 $22.20 203/, Pavement Marking 24" Hot Thermoplastic 191 704716 Pavement Marking EACH 1 $350.00 $420.00 203/, (Thru/LT) Arrow Hot Thermoplastic 192 704717 Pavement Marking Right EACH 1 $250.00 $300.00 203/, Arrow Hot Thermoplastic 193 704718 Pavement Marking Left EACH 1 $225.00 $270.00 203/, Arrow Hot Thermoplastic 194 704719 Pavement Marking Thru EACH 1 $225.00 $270.00 203/, Arrow Hot Thermoplastic 195 704720 Pavement Marking EACH 1 $275 .00 $330.00 203/, Word (Only) Hot Thermoplastic 196 704728 Pavement Marking Yield L.F. 1 $95.00 $114.00 203/, Line Hot Thermoplastic 197 704734 Pavement Marking EACH 1 $275.00 $330.00 203/, Sharrow Symbol Hot Thermoplastic 198 704738 Pavement Marking EACH 1 $350.00 $420.00 203/, Word (Yield) 199 704754 Hot Thermoplastic L.F. 1 $1.75 $2.10 203/, Stripe 4" Retroreflective 200 704754A Preformed Patterned L.F. 1 $4.60 $5 .52 203/, Pavement Stripe 4"-3801-ES 3M Tape 201 704762 Hot Thermoplastic L.F. 1 $5.00 $6.00 203/, Stripe 12" Retroreflective 202 704762A Preformed Patterned L.F. 1 $14.50 $17.40 203/, Pavement Stripe 12"- 3801-ES 3M Tape 203 704764 Hot Thermoplastic L.F. 1 $8.80 $10.56 203/, Stripe 24" Retroreflective 204 704764A Preformed Patterned L.F. 1 $22.40 $26.88 203/, Pavement Stripe 24"- 3801-ES 3M Tape Retroreflective Preformed Patterned 704765 Pavement Marking 205 Combination (Thru & EACH 1 $478.50 $574.20 203/, Right) Arrow- 3801-ES 3M Tape Retroreflective Preformed Patterned 206 704766 Pavement Marking EACH 1 $478.50 $574.20 203/, Combination (Thru & Left) Arrow- 3801-ES 3M Tape Retroreflective Preformed Patterned 207 704767 Pavement Marking Right EACH 1 $407.00 $488.40 203/, Arrow- 3801-ES 3M, Tape Retroreflective Preformed Patterned 208 704768 Pavement Marking Left EACH 1 $407.00 $488.40 203/, Arrow- 3801-ES 3M Tape Retroreflective Preformed Patterned 209 704769 Pavement Marking Thru EACH 1 $308.00 $369.60 203/, Arrow- 3801-ES 3M, Tape Retroreflective Preformed Patterned 210 704770 Pavement Marking EACH 1 $368.50 $442.20 203/, Words (Only)- 3801-ES 3M, Tape Retroreflective Preformed Patterned 211 704771 Pavement Marking EACH 1 $368.50 $442.20 203/, Words (Stop)- 3801-ES 3M, Tape Retroreflective Preformed Patterned 212 704774 Pavement Marking EACH 1 $368.50 $442.20 203/, Words (X-ING)- 3801- ES 3M, Tape Retroreflective Preformed Patterned 213 704775 Pavement Marking EACH 1 $291.50 $349.80 203/, Words (PED)- 3801-ES 3M, Tape Retroreflective Preformed Patterned 214 704782 Pavement Marking Bike EACH 1 $291.50 $349.80 203/i Symbol (Bike)- 3801- ES 3M Tape Retroreflective Preformed Patterned 215 704784 Pavement Marking Bike EACH 1 $379.50 $455.40 203/i Symbol (Sharrows) - 3801-ES 3M Tape Snow Plowable 216 704870 Reflective Raised EACH 1 $12.65 $15.18 203/i Pavement Marker Type PH (Removal Inclusive) 217 706110 Service Riser (Lighting) EACH 1 $550.00 $660.00 203/i 218 706210 Meter Pedestal EACH 1 $11,880.00 $14,256.00 203/i (Lighting) 219 706420 Light Control Cabinet-2 EACH 1 $3,190.00 $3,828.00 203/i Circuit 220 707530 Type V Standard, 30' EACH 1 $4,730.00 $5,676.00 203/i 221 707540 Type V Standard, 40' EACH 1 $5,280.00 $6,336.00 203/i 222 707550 Type V Standard, 50' EACH 1 $5,830.00 $6,996.00 203/i 223 707742 Type V Standard, 40', 2 EACH 1 $6,820.00 $8,184.00 203/i Arms 224 707801 Remove & Reset Type I EACH 1 $935 .00 $1,122.00 203/i Standard Complete 225 707810 Remove & Reset Light EACH 1 $2,640.00 $3,168.00 203/i Stand & Luminaire 226 707820 Remove & Reset Traffic EACH 1 $3,410.00 $4,092.00 203/i Signal & Mast Arm 227 709020 Rigid Electrical Conduit L.F. 1 $21.50 $25.80 203/i 2" 228 709030 Rigid Electrical Conduit L.F. 1 $33.50 $40.20 203/, 3" 229 709040 Rigid Electrical Conduit L.F. 1 $47.50 $57.00 203/, 4" 230 710000 Electrical Pull Box EACH 1 $3,960.00 $4,752.00 203/, (Standard) 231 710010 Electrical Pull Box EACH 1 $4,620.00 $5,544.00 203/, (Large) 232 711102 Single Conductor 2 L.F. 1 $6.60 $7.92 203/, 233 711230 Single Conductor 3/0 L.F. 1 $14.00 $16.80 203/, 234 716701 LED Roadway EACH 1 $935.00 $1,122.00 203/, Luminaire Vehicular Impact 235 720060 Attenuators Unit-Work EACH 1 $14,500.00 $17,400.00 203/, Zones Removal of Pavement 236 721000 Marking (Water L.F. 1 $1.25 $1.50 203/, Blasting) Removal of Pavement 237 721101 Marking Symbol (Water EACH 1 $200.00 $240.00 203/, Blasting) Bidder's Total Cost $428,242.35 EXCEL Caclulation $428,242.35 $513,890.82 DIFFERENCE $0.00 $85,648.47 20~ Item# 23-0224 Munis Contract# 3204021 CITY OF SANTA FE CONSTRUCTION CONTRACT THIS AGREEMENT is made and entered into by and between the City of Santa Fe, New Mexico, hereinafter referred to as the "City," and GME General Builtling, LLC., hereinafter referred to as the "Contractor," and is effective as of the date set forth below upon which it is executed by the Parties. RECITALS WHEREAS, the City, through its Governing Body, is authorized to enter into a construction Contract for the project; and WHEREAS, the City has let this Contract according to the established State and Local Purchasing procedures for contracts of the type and amount let; and WHEREAS, construction of this Project was approved by the Governing Body of the City of Santa Fe at its meeting of _______ ____, 2023. The CITY and the CONTRACTOR agree: 1. Scope of Work. The Contractor shall perform all the work required by the Contract Documents for On Call Roadway and Trails Construction Services (Bid # 23/48/B) as follows: A. General: The City of Santa Fe Public Works Department wishes to establish a City-wide Price Agreement for on-call roadways and trails construction services, which consists of, but is not limited to: construction of new pavement, multi-use trail sections, and related infrastructure such as storm water drainage, bicycle and pedestrian facilities throughout the City of Santa Fe. The construction of this project will be in accordance with the New Mexico Department of Transportation Standard Specifications for Highway and Bridge Construction, 2019 Edition (NMDOT, SSHBC). Public Works Department shall provide, at a minimum, a detailed scope of work and/or drawings, generally defining the roadway, storm water drainage, streets, trails, bicycle and pedestrian facilities, signage, and pavement markings required for the project. The work to be performed shall consist of furnishing all tools, equipment, materials, supplies, and manufactured articles and furnishing all labor, transportation, and services, including fuel, power, water, and essential communications, and performing all work, or other operations required for the fulfillment of the Contract in strict accordance with the contract documents. The work shall be complete, and all work, materials, and services not expressly indicated or called for in the contract documents which may be necessary for the complete, safe and proper construction of the work in good faith shall be provided by the awarded Contractor at no increase in cost to the City: • Contractor must have sufficient experience in constructing this type of work and therefore is familiar with aII combinations of materials, labor, and equipment that are required for the successful completion of this project. • Contractors shall have the technical staff to perform diagnostic services and provide professionally prepared, stamped drawings, if needed, to obtain installation or construction permits. • Contractor shall be responsible for adherence to the contract documents, specifications and approved directives and change orders. • Contractor shaJl be responsible for verifications of all existing conditions, measurements and dimensions. • Contractor shall be responsible for all permits, fees, and State and/or City inspections associated with the construction. B. Specific: 1. Maintenance of Traffic The Contractor shall furnish traffic control devices, take protective and safety measures, and complete the work. If the Contractor fails to do so, the Construction/Project Manager (The Construction/Project Manager will be listed on each Task Order) will notify the Contractor in writing of the deficiency and the Contractor shall take corrective action within the time-frame specified by the Construction/Project Manager. Failure by the Contractor to take the corrective action as directed by the Construction/Project Manager shall result in the City assessing to the Contractor the incurred costs for the corrections plus an additional 10% for administrative costs. The Contractor shall not endanger the traveling public when moving equipment on or across the Right of Way (ROW) and roadway. The Contractor's equipment shall enter and leave the ROW and roadway in the direction of the traveled way, except with the written approval of the Construction/Project Manager. The Construction/Project Manager may direct the Contractor to maintain the pavement surface, which the City will pay for. The City is responsible for snow removal on sections of roadway open to the traveling public. The Construction/Project Manager will coordinate snow removal with the Contractor and the City maintenance patrol. The Contractor shall furnish warning devices, take protective and safety measures, and complete shoulder work, drainage structures, or other features of the work. If the Contractor fails to do so, the Construction/Project Manager will notify the Contractor in writing of the deficiency and the Contractor shall take corrective action within the time-frame specified by the Construction/Project Manager. The Contractor shall provide reasonable vehicular and pedestrian ingress and egress to adjoining properties during the duration of the Contract. The Contractor shall advise and schedule access modifications with local business owners and residences and the Construction/Project Manager at least 24 hours in advance. The Contractor shall not open partially completed sections of the traveled way unless directed or approved by the Construction/Project Manager. If the traveled way is opened at the Contractor's request, the Contractor remains liable for costs associated with the opening until final acceptance of the project. The Construction/Project Manager will provide written instructions approving any sections, which are to be opened. Such an opening shall not constitute a full or partial acceptance of the work or a waiver of any Contract provisions. 2. Rights in and use of Materials The Contractor may use materials found in the excavation for completing pay items. Payment will be made for both the excavation of such materials at the corresponding contract unit price and for the pay item for which the excavated material is used. If the excavated material would have been used to construct embankments or bridge approaches or for other purposes, any of which would have been required to complete the contract, the Contractor shall replace the excavated material with acceptable material at no additional cost to the City. The City will not charge the Contractor for the use of the excavated material. The Contractor shall obtain written authorization from the Construction/Project Manager before excavating material that is within the ROW but outside the grading limits, as shown by the slope and grade lines. Prior to granting approval, the Construction/Project Manager will verify that the requirements of Section 107, "Legal Relations, Environmental Requirements, and Responsibility to the Public" (NMDOT, SSHBC 2019 Edn.) have been met. If not previously cleared environmentally, meeting these requirements will be the responsibility of the Contractor. Unless otherwise provided, the Contractor may temporarily use the material from existing structures in the erection of a new structure but shall not, without the approval of the Construction/Project Manager, cut or otherwise damage such materials. 3. Storage of Materials The Contractor shall request from the Construction/Project Manager written approval to store equipment or materials within the ROW for the adequate execution of the work. The Contractor shall store equipment and materials to preserve quality and fitness, to protect against vandalism or theft, and to facilitate inspection. The Contractor shall be responsible for the replacement or repair of materials affected by inadequate protection. 4. Final Clean Up Pits located on state or federal land are governed by the appropriate requirements of the City. The requirements of this section do not apply to a commercial source. Before final acceptance all areas occupied by the Contractor or in connection with the work shall be cleaned of all deleterious material, rubbish, excess materials, temporary structures and equipment, and all parts of the work shall be left in a condition acceptable to the Construction/Project Manager or otherwise required by the Contract. To avoid the requirement of removal of equipment from private property before final acceptance, the Contractor shall make appropriate arrangements with private property owners and provide documentation of the arrangement to the Construction/Project Manager. The Contractor shall nQt allow borrow pits and surfacing pits to change the general pattern of existing drainage. Unless borrow pits or surfacing pits are suitable to develop as ponds or lakes and the property owner has notified the City in writing that such development is planned, the Contractor shall where practicable leave all pits well drained. The Contractor shall, when excavation is complete, contour grade pits, except quarry pits, to blend with the natural topography of the surrounding area or in accordance with the Contract or agreements with the property owners. 5. Compliance with Plans and Specifications The Contractor shall perform the work and provide the materials in substantial compliance with the lines, grades, cross sections, dimensions, and material requirements as specified by the Contract. The City's failure to discover or reject work or materials not in substantial compliance with the Contract during the work shall not be considered an acceptance of the work or materials, or a waiver of defects. The City's failure to properly perform inspections or tests shall not relieve the Contractor from its obligation to perform the work and provide materials in substantial compliance with the Contract and shall not be considered the City's acceptance of the work or materials. If the Construction/Project Manager determines that work or materials are unacceptable, the Contractor shall remove, replace and correct the work or materials at no additional cost to the City. The Construction/Project Manager's determination that the work or materials are unacceptable shall not form the basis of a claim for additional contract time or additional compensation. If work does not comply or substantially comply with the Contract, the Construction/Project Manager may determine the work is nonetheless acceptable. If accepted the Construction/Project Manager will, by change order, provide an adjustment for work or materials. 6. Coordination with Utilities The Contractor shall comply with the Notice to Contractors regarding cooperation with utilities for relocations, adjustments, and installations of utilities. The Contractor's responsibility is to adequately coordinate, notify, or comply with the Contract and failure to do ~ shall not form the basis for an extension of contract time or additional compensation. The Contractor shall copy the Construction/Project Manager on all communications with utilities. For telephonic communications a summary of the communication shall be provided to the Construction/Project Manager monthly. The Contractor shall be responsible for complying with the New Mexico Excavation Law, NMSA 1978, Section 62-14-1 through -10 (NMDOT, SSHBC 2019 Edn.), which provides the procedures and requirements related to the performance of project excavation work. Failure by the utility owner to relocate, adjust, or install the utility in accordance with the Contract may result in the Construction/Project Manager issuing written direction to the Contractor directing that the Contractor shall relocate, adjust, or install the utility. The Contractor shall terminate operations in the immediate area of a utility conflict not identified in the Contract and encountered during the work. The Contractor shall immediately provide written notice to the Construction/Project Manager of the conflict. The Contractor shall continue work in other ~reas. The Construction/Project Manager shall provide written notification to the Contractor when work may commence in the area of terminated operations. The Contractor shall make requests for additional contract time or compensation. Where utility conflicts not identified in the Contract are present, the Contractor shall provide the Construction/Project Manager, on a weekly basis, evidence of adequate coordination and cooperation with utilities. Neither additional contract time nor compensation will be provided where the Contractor fails to provide the Construction/Project Manager, on a weekly basis, evidence including a telephonic log of communications concerning the Contractor's continued cooperation and coordination activities with utilities. 7. Cooperation between Contractors The City reserves the right at any time to contract for and have performed other work on or near the Project. When separate contracts are let within the limits of any one project, each Contractor shall conduct the work without interfering or hindering the progress or completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with the Contract and shall protect and hold harmless the City for all damages or claims. If the Contractor and one (1) or more other Contractors are unable to agree upon the sequence of work or other matters, the Contractor(s) shall request that the Construction/Project Manager provide a written decision on the issue. The Construction/Project Manager will allow a reasonable time for all parties to respond and, after reviewing the information received, will issue a decision binding on all parties within seven (7) days of receiving such information. 8. Inspection of Work The Contractor shall provide the Construction/Project Manager with 48-hour notice for inspection of the work. Failure by the Contractor to provide the proper notice may result in the City directing the work performed without inspection to be remove• at no cost to the City. The Contractor shall provide the City access to the work and provide all information, equipment, and assistance requested or required to make a complete and detailed inspection of the work. All materials and each part or detail of the work shall be subject to inspection by the City. The Construction/Project Manager may direct the Contractor to remove or uncover portions of the finished work, at any time before final acceptance of the work. The Contractor shall restore the portions of the work to the standard required by the Contract after the Construction/Project Manager's examination. If the examined work is acceptable, the City will pay for the removal and restoration as extra work. However, if the examined work is unacceptable, the Contractor shall remove and restore the work at no additional cost to the City. Action or inaction by a City Inspector shall not relieve the Contractor from any responsibility under the Contract for acceptable work in conformity with the Contract. The failure to properly perform inspections, tests or approvals by the City shall not relieve the Contractor from its obligation to perform the work in strict conformance with the Contract. 9. Removal of Unacceptable and Unauthorized Work Work that does not conform to the requirements of the Contract shall be unacceptable unless it is determined by the Construction/Project Manager to be acceptable. Should any defective work or material be discovered, before final acceptance, the City will issue a non-conformance. Prior to City acceptance, the Contractor shall replace or repair materials damaged in transit or during handling at no additional cost to the City. The Contractor shall remove unacceptable work resulting from causes existing before the final acceptance of the work and replace in an acceptable manner at no additional cost to the City. The Construction/Project Manager will set the time limit for the replacement work. The City shall not pay for the following unaer the provisions of the Contract: Work perfonned contrary to the Construction/Project Manager's direction or as provided in the Contract; work perfonned beyond the lines and grades on the plans; or, work performed without authority. Upon failure of the Contractor to comply with the removal and replacement of unacceptable or unauthorized work within the time specified by the Construction/Project Manager, the Construction/Project Manager shall have authority to cause unacceptable work to be removed and replaced. The Construction/Project Manager will then deduct from the monies due or that become due to the Contractor the cost of removing or replacing the unacceptable or unauthorized work. 10. Maintenance During Construction The Contractor shall maintain the work during construction and until the City accepts the work. This maintenance shall consist of continuous, daily work with adequate equipment and work force so that the roadway and structures are kept in satisfactory condition. The Contractor shall be responsible for maintaining the project free and clear of deleterious materials including debris, weather related remnants, snow, loose materials and trash. The City will be responsible for snow removal operations on travel lanes open and utilized by the public. The Contractor shall maintain the previous course and subgrade when the plans require the Contractor to place traffic on the unfinished roadway. All maintenance work during construction and before the project is accepted shall be incidental. The City shall not pay the Contractor an additional amount for this work. 11. Failure to Maintain Roadway or Structure If the Contractor fails to maintain the project, the Construction/Project Manager shall notify the Contractor in writing of the failure. If the Contractor does not take corrective action in the timeframe specified, the Construction/Project Manager may issue a written notice of "Non- Conformance" or notice of the Contractor's apparent "Default of Contract." If the Contractor does not begin maintenance after notice of non-conformance or default of contract, the Construction/Project Manager may begin maintenance of the project. For corrective actions implemented by the Construction/Project Manager, the Contractor shall reimburse the City for any incurred costs of such maintenance plus an additional ten percent (10%) for administrative costs. 12. Project Closure a. Step I. Contractor Notice of Projected Substantial Completion Date b. Step II. Completion Conference c. Step III. Termination of Contract Time d. Step IV. Project Inspection and Development of Punch List e. Step V. Notice of Punch List Completion and Request of Final Jnspection f. Step VI. Final Inspection g. Step VII. Contractor Submittal of Final Documentation h. Step VIII. Physical Completion and Release ofRetainage and Final Payment a. Step I. Contractor Notice of Projected Substantial Completion Date The Contractor shall provide written notification to the Construction/Project Manager of the projected substantial completion date. This notice shall be provided a minimum of 30 days prior to the projected date unless otherwise approved by the Construction/Project Manager. b. Step II. Completion Conference Prior to the projected substantial completion date, the Construction/Project Manager shall conduct a completion conference with the Contractor to review the project and determine conformance with the Contract. The City and Contractor will address all outstanding work needed for substantial completion. The City and Contractor will agree on the schedule for completion of all work necessary for project closure. Within five (5) days of the completion conference or as directed by the Construction/Project Manager the Contractor shall submit for approval by the Project Construction/Manager the Contractor's proposed updated schedule for project closure. c. Step III. Termination of Contract Time and Determination of Substantial Completion After the Steps I and II of project closure are complete and the Contractor has determined it is ready to request substantial completion, the Contractor shall provide to the Construction/Project Manager a written request to determine substantial completion. Within two (2) days of receipt of the request for substantial completion the Construction/Project Manager will issue a determination of substantial completion, contract time or, if applicable, liquidated damages assessments will cease upon substantial completion. d. Step IV. Project Inspection and Development of Punch List The Construction/Project Manager shall inspect the project to verify that all work is complete or develop punch list items upon the determination of substantial completion. The Construction/Project Manager shall provide the Contractor written notice that all work is complete or shall provide a punch list. Contract time shall resume if the Contractor fails to provide acceptable work associated with the punch list within the agreed upon schedule that shall not exceed thirty (30) days and resumed contract time shall continue until all punch list work is accepted. e. Step V. Notice of Punch List Completion and Request of Final Inspection The Contractor shall provide written notification to the Construction/Project Manager that the punch list is complete and request final inspection. f. Step VI. Final Inspection The final inspection by the Construction/Project Manager will be scheduled and conducted within five (5) days of the Contractor's written request for final inspection. If the inspection reveals unacceptable or unsatisfactory work, the Construction/Project Manager shall give the Contractor written instructions for correction and set the time limit for the Contractor to comply with these instructions. Upon the Contractor's correction of the work, written notification shall be provided to the Construction/Project Manager, the Construction/Project Manager shall make an additional inspection and notify the Contractor within four (4) days of the findings. The Construction/Project Manager shall provide written notification of the final inspection acceptance to the Contractor within four (4) days. The City will accept the project as soon as practicable after completion and inspection of the work. Acceptance is final and conclusive, except for the following situations: l. Latent defects; 2. Fraud; 3. Gross mistakes that amount to fraud; or, 4. The City's warranty or guaranty rights. g. Step VII. Contractor Submittal of Pinal Documentation The Contractor shall submit a sche.dule for submittal of the following documents required by the Contract including the Final Payment Voucher, Certificate of Payment of Claims, Summary to Contractor, Pit Release Letter, additional named insured Insurance Bonding Release, Affidavit of Wages Paid, and Surety Release within five (5) Days of the date of the written notice of final inspection acceptance. For the Pit Release Acceptance by the Construction/Project Manager of a letter of intent from the landowner for future use may exempt haul roads or other areas from their vegetation requirements. The Contractor shall furnish a completed Certificate of Payment of Claims form from persons· or firms, including the Contractor, who have filed claims for additional compensation, for labor performed, or for material, supplies, or services furnished to the Contractor or its subcontractors. • The City shall withhold final payment and no late payment interest shall be due for the withheld payments until the Contractor furnishes all documents required by the Contract. h. Step VIII. Physical Completion and Release ofRetainage and Final Payment Upon the completion of Steps "a" through "g" of Project Closure the Construction/Project Manager shall provide a written determination of physical completion to the Contractor. The City shall not release retained amounts until physical completion and when the Contractor fully complies with all Contract requirements. Until physical completion of the project, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part thereof, by the action of the elements or from other causes, whether arising from the execution or from the non- execution of the work. The City shall prepare an estimate summary to the Contractor, which is used for the proposed final payment voucher. The proposed final payment voucher shall correct all prior progress payments and release retainage. The City shall withhold from the proposed final payment voucher liquidated damages and overpayments. The Contractor shall sign, approve and return the City's final payment voucher. Upon receipt of a signed and approved final payment voucher, the City shall accept the work and pay the balance due on the final payment voucher. The City paying the balance due on the final payment voucher constitutes final acceptance. If the Contractor disputes the final payment voucher, then the Contractor shall submit the Notice oflntent to Claim form within seven (7) days of receipt of the final payment voucher. The Contractor shall not change or modify the final _payment voucher. If a clerical error on the final voucher is discovered the Contractor shall notify the Construction/Project Manager in writing before the seven (7) day expiration. If the Construction/Project Manager agrees that there is clerical error, the Construction/Project Manager will correct the error and reissue the final payment voucher. ff the Construction/Project Manager does not agree, the Construction/Project Manager shall notify the Contractor in writing and the Contractor shall have seven (7) days of receipt to sign the final payment voucher or submit a Notice of Intent to Claim. If the Contractor submits a Notice oflntent to Claim form or the timeframe to submit the Notice oflntent to Claim form expires, the City shall accept the undisputed work, pay the undisputed balance unilaterally due on the final payment voucher. A claim is forever barred if the claim is not timely and properly submitted within seven (7) days of receipt of the City's proposed final payment voucher. The City paying the balance due on the final payment voucher constitutes final acceptance. Upon final acceptance, the City will complete its administrative process to close the project. Project closure occurs when the Construction/Project Manager signs the Project Closure form or Compass form for federally"funded projects. C. Notice to Contractors 1. Special Contract Requirements: Owner/Contractor You are hereby advised of the following: a. The City of Santa Fe is the Principal Owner/Agency for the subject project. Any reference to the New Mexico Department of Transportation (NMDOT) or New Mexico State Highway and Transportation Department within this bidding documents, shall be interpreted as, "City of Santa Fe". b. NMDOT Project Manager shall be interpreted as, "City of Santa Fe, Construction/Project Manager." c. NMDOT Traffic Engineer shaJl be interpreted as "City of Santa Fe, Traffic Engineer." d. District Traffic Engineer shall be interpreted a "City of Santa Fe, Traffic Engineer." 2. Existing Conditions It is the Contractor's responsibility to verify existing conditions prior to construction start. Accessing existing utility infrastructure may require special coordination. The Contractor shall notify 811 before beginning any work. 3. Overcharges Overcharges resulting from antitrust violations are borne by the City. Through the submission of the bid, the Bidder certifies thats/he is duly authorized to assign, sell, convey, and transfer to the City all right, title and interest to all claims and causes of action the Bidder has or may acquire under state or federal antitrust laws provided that the claims or causes of action are related to the goods, materials or services that are the subject of this Contract and to the extent that the same are passed on to the City. Additionally, the Bidder certifies that it will require all of its subcontractors at all tiers to assign all federal and state antitrust claims and causes of action as described in the paragraph to the City. The provisions of this paragraph shall become effective at the time the City executes the Contract without further acknowledgment from the Bidder or the Bidder's Subcontractors at all tiers. 4. Contract Time The contract time count consisting of a contract completion time & substantial completion time shall govern this project. a. Contract Completion Time The term of this agreement shall be two (2) years from date of award with the option to extend for an additional period of two (2) years on a year-by-year basis, by mutual agreement of all parties and approval of the City of Santa Fe at the same terms and conditions. This agreement shall not exceed four ( 4) years. b. Progress Schedule The Contractor shall provide a progress schedule (CPM) to the City at the preconstruction conference (or sooner) for approval by the Construction/Project Manager prior to initiating any work on each task order. Contract & substantial completion time shall be shown on the Contractor's progress schedule. c. Contract Completion Date The day count for all work will be assigned by the Construction/Project Manager on a task-by-task basis. If the day count is not met, the Contractor shall be assessed liquidated damages for each consecutive working day or calendar day in excess of the completion date in accordance with the Contract. d. Cumulative Imposition of Liquidated Damages The Contract completion time and substantial completion time will be evaluated and applied independently for each task order, and liquidated damages may be cumulatively imposed as specified in the Contract for the failure to achieve any of the required time or date requirements for each and every task order. 5. Night Work and City Noise Ordinance City Noise Ordinance SFCC § l 0-2.4 B.5 prohibits "operating, or causing to be used or operated, any equipment used in construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances thereto: (a) in residential or commercial zone areas between the hours of9:00 p.m. and 7:00 a.m. the following day; and (b) in any other areas of the city where such operation exceeds the sound level limits for an industrial land use." However, the City, Public Works Dept. has the ability to request an exemption to this ordinance in accordance with SFCC § 10-2.8 PERMITS if it is deemed advantageous to the task order. The Contractor must request, in writing, a possible noise ordinance exemption prior to any work commencing on a task by task basis. If a permit is obtained, any night lane closures must be coordinated at least 48 hours in advance with the Construction/Project Manager and take into consideration times and duration of such night work in the vicinity of hotels and motels. The City reserves the right to restrict night work operations in the near vicinity of hotels and motels as may be necessary. Should the Contractor work nights, the City may require the Contractor to turn off idling equipment and equipment back-up alarms (audible reverse signal alarms) within noise sensitive areas and substitute such use with an observer/signal person per OSHA requirements. Such cases will be evaluated and determined by the city on a case-by-case basis. • 6. Cooperation with Utilities For construction purposes, this Notice to Contractors ("NTC") does not supersede or alter the obligations in the 2019 Edition of the New Mexico Department of Transportation ("NM DOT") Standard Specifications for Highway and Bridge Construction, ("Standard Specifications") Section 105.6, "Cooperation with Utilities". The task order may or may not affect utilities. The City may or may not own the utilities that are within the project limits. Therefore, the Contractor shall coordinate with both the City and the respective utility identified in this NTC. Failure by the Contractor to comply with this NTC and the Contract may result in delays to the project and may result in Non-Conformances. This coordination and associated work shall be considered incidental to the completion of the Project and no separate measurement or payment will be made. The Contractor shall preserve line location markings or provide an offset mark before obliterating a locate mark. Restrictions exist regarding the use of emergency line locates. An emergency is defined as an excavation that must be performed due to circumstances beyond the control of the Contractor and that affects public health, safety or welfare. Emergency locate request shall not be used to circumvent poor job planning or economic consequences. a. City Owned Facility Infrastructure If a Contractor's or Subcontractor's activities at any tier, destroys, obliterates, covers or in any way alters utility markings put in place by the City, the Contractor shall ensure that those line markings are reestablished or provide offset markings before the Contractor or its Subcontractor at any tier begins Work in the affected area. The Contractor shall both photo document the utility markings in their construction area prior to disturbing those markings and photo document the remarked utility alignment or the offset markings to ensure accuracy to the original markings. Photos will clearly identify distances and/or recognizable features needed to ensure re-markings or offset markings are accurate. If the Contractor or Subcontractor at any tier fails to accurately reestablish previously placed line markings and damage occurs to any City owned facility infrastructure the Contractor shall be responsible for all associated repair costs and no additional Contract Time will be granted for repairs. If any City owned facility is damaged, the Contractor shal I bear the cost of repair to the satisfaction of the City. City incurred costs related to damage _to City owned facility infrastructure may be recovered from the Contractor by progress payment offset or the Contractor's project performance bond. All damaged infrastructure will be repaired as an emergency repair (within 24-hours) and shall be performed in accordance with the Standard Specifications. b. Non-City Owned Utility Infrastructure Utilities shown on the plans, which may or may not be relocated, shall require the Contractor to take the necessary precautions to protect the utility from damage caused by the work. If any such utility is damaged, the Contractor shall bear the cost of repair to the satisfaction of the utility owner. The Contractor shall be responsible for all associated repair costs and no additional contract time will be granted for repairs. c. Utility Owners and Their Contract Information: UTILITY OWNER: City of Santa Fe - Water Water Division Contact: John Del Mar, P.E. 505.955.4231, jpclelmar@.santafenm .gov UTILITY OWNER: City of Santa Fe- Sanitary Sewer Wastewater Management Division Contact: T. Stanley Holland, P.E. 505.955.4637, tsholland@,santafenm .gov UTILITY OWNER: CenturyLink Century Link - Fiber Optic and Phone Lines Contact: Ben Wiltbank, Terra Technologies LLC 505.252.9472, Benjamin.Wiltbankl@lumen.com UTILITY OWNER: Comcast Comcast - Cable Contact: David Aikin 505.438.1930, David Aikin@,comcast.com UTILITY OWNER: NM Gas Company NM Gas Company-Gas Contact: Frank Aragon 505.470.0668, Frank.Aragon@nmgco.com UTILITY OWNER: PNM Distribution System PNM - Electric Contact: Eric Winkler 505.4 73.3221, Eric.Winkler@.pnm.com UTILITY OWNER: PNM Transmission System PNM -Electric Contact: Julia Seymour 505 .373.5444, julia.seymour@pnm.com 7. Restricted Work Hours No lane closures shall be permitted during peak hours (6 am to 9 am and 4 pm to 7 pm). During peak hours, all lanes shall remain open and accessible. At all times, access shall be provided to properties and businesses. The Contractor shall comply with City Noise Ordinance (Ordained as Code 1973, §31.2-1 by Ord. #1981-10, §I; SFCC I981, §6-23-1 ), as well as any subsequent changes to the ordinance throughout the term of this contract. 8. Historic District Concrete Color All new sidewalk, curb and gutter and median paving concrete placed in historic districts shall be "earth toned". The City of Santa Fe Historic Preservation Division has selected "Oatmeal Buff' from the QC Colortech color chat1 or an approved equal, as the designated color choice for all new concrete in the Historic Districts. For items in the 608 and 609 concrete series may be tinted to the "Oatmeal Buff' sample, or an equivalent color as directed by the Construction/Project Manager. When item 608404 Concrete Median Pavement 4" (Colored and Patterned) is placed in a historic district, "Oatmeal Buff" from the QC Colortech color chart or an equivalent color as directed by the Construction/Project Manager, shall be used to tint the concrete. The color added to the concrete for the above-mentioned items shall be included in the cost of the items, no additional payment will be made. The Contractor shall follow the manufacturer's mixing requirements for the colored concrete. 9. Material, Compaction and Other Testings This work shall consist of compaction testing, material testing, and other testing in accordance with the plans and specifications of each task order. This work is to be done by a commercial materials testing laboratory run by a licensed professional engineer. The testing lab will be a sub-contractor to the general contractor. Testing shall be done using a commercial materials testing laboratory. It will be the responsibility of the Contractor to schedule testing. The Construction/Project Manager shall be notified daily of the intended testing times. The Contractor shall submit testing laboratory invoices monthly. Testing will be paid at the invoice amount billed to the Contractor by the testing laboratory, and submitted to and approved by the Construction/Project Manager. Payments to the Contractor will be made only after the Construction/Project Manager has received all current test and analysis reports for the invoicing period. Testing shall be performed as required by the specification and the "New Mexico Department of Transportation Minimum Testing Requirements" (NMDOT, SSHBC 2019 Edn.). 10. Mobilization The City shall pay mobilization on a per mile basis. The payment will be made for a one time, one-way trip from the contractor's yard to the project site. For multiple project sites; the Contractor will be paid for the additional mileage from the previous work site to the next work site on~ one time one way basis. 11. Traffic Control Management All traffic control devices, including but not limited to signage, temporary markings, attenuators, barrels, vertical panels, flagmen, pilot cars, etc. needed for the tasks will be considered incidental to the traffic control management. Traffic control will be paid on a per day basis for minor and major traffic controls. Minor traffic control projects will be limited to projects that do not impede otherwise open traffic lanes. Some examples of minor traffic control projects include; shoulder work, trail work, work protected by roadway closures that require one time setup. Major traffic control projects are all those projects that include but are not limited to lane drops, flag man operations, pilot-car operations, daily detours and Jane/street closures. D. E. F. 2. Project: Per Task Order City Department: Public Works Distribution: City Regina Wheeler, Public Works Department Director Contractor GME General Building, LLC. Engineer TBD (per Task Order) Construction Manager TBD (per Task Order) Project Manager TBD (per Task Order) Compensation. A. The City shall pay to the Contractor in full payment for services satisfactorily performed as per task order. When a task order is issued, the awarded contractor will price the items in Attachment 1 according to the prices bid and will price the items in Attachment 2 according to the specifications in the Task Order for those items. The total amount payable to the Contractor under this Agreement, including Alternates (if needed), shall not exceed ten million dollars ($10,000,000.00) excluding gross receipts tax. The New Mexico gross receipts tax levied on the amounts payable under this Agreement shall be paid by the City to the Contractor. This amount is a maximum and not a guarantee that the work assigned to be performed by Contractor under this Agreement shall equal the amount stated herein. The parties do not intend for the Contractor to continue to provide services without compensation when the total compensation amount is reached. Contractor is responsible for notifying the City when the services provided under this Agreement reach the total compensation amount. In no event will the Contractor be paid for services provided in excess of the total compensation amount without this Agreement being amended in writing prior to those services in excess of the total compensation amount being provided. B. Payment is subject to availability of funds pursuant to the Appropriations Paragraph set forth below and to any negotiations between the parties from year to year pursuant to Paragraph I, Scope of Work, and to approval by the City. All invoices MUST BE received by the City no later than thirty (30) days after the termination of the Fiscal Year in which the services were delivered. Jnvoices received after such date WILL NOT BE PAID. C. Contractor must submit a detailed statement accounting for alt services performed and expenses incurred. If the City finds that the services are not acceptable, within thirty days after the date of receipt of written notice from the Contractor that payment is requested, it shall provide the Contractor a letter of exception explaining the defect or objection to the services, and outlining steps the Contractor may take to provide remedial action. Upon certification by the City that the services have been received and accepted, payment shall be tendered to the Contractor within thirty days after the date of acceptance. If payment is made by mail, the payment shall be deemed tendered on the date it is postmarked. However, the City shall not incur late charges, interest, or for failure to make payment within the time specified herein. D. Escalation/Reduction Clause For items in Attachment 1, the Contractor shall keep pricing fixed for each year of this Agreement. Thereafter, City of Santa Fe and the Contractor may adjust pricing no more than once annually through an amendment to the Agreement at the time of Agreement renewal. Awarded Contractor shall submit all pricing increase requests to City of Santa Fe directly or through the agency contact in writing and provide substantiating evidence that each request is based on demonstrable market changes impacting the cost of products. The request must show all proposed increases by line item and include supporting documentation acceptable to City of Santa Fe (such as a letter from a manufacturer indicating price increases, etc.) City's decision on what is acceptable in this context is final and shall be accepted by all parties to the Agreement. Requested price increases that exceed 10% will not be accepted. No price increase may result in a higher profit margin for the Awarded Contractor than at the beginning of the initial term of this Agreement. Pricing changes will apply to Agreements and amendments to Agreements entered on and after the effective date of the price change. Price decreases as well as increases shall apply in the same manner. If Awarded Vendor's prices are reduced for any reason, users shall receive the benefit of such reductions, immediately. Price increases will not be retroactive to orders already in house or backorders. Orders will be filled at the price in effect on the date of receipt of the order by the vendor. To facilitate prompt consideration, all requests for price increase must include all information listed below: 1. Agreement Item Number 2. Current-Item Price 3. Proposed New Price 4. Percentage of Increase 5. Mill/Supplier Notification of price increase indicating percentage of increase and including the reason for the increase. 3, Term. THIS AGREEMENT SHALL NOT BECOME EFFECTIVE UNTIL APPROVED BY THE CITY. This Agreement shall terminate on May 30, 2025 unless terminated pursuant to paragraph 4 (Termination), or paragraph 5 (Appropriations). It can be extended for an additional period of two (2) years on a year-by-year basis, by mutual agreement of all parties and approval of the City of Santa Fe at the same terms and conditions. In accordance with Section 13-1-150 NMSA 1978, no contract term for a professional services contract, including extensions and renewals, shall exceed four years, except as set forth in Section 13-1-150 NMSA 1978. 4. Termination. A. Termination. This Agreement may be terminated by either of the parties hereto upon written notice delivered to the other party at least thirty (30) days prior to the intended date of termination. Except as otherwise allowed or provided under this Agreement, the City's sole liability upon such termination shall be to pay for acceptable work performed prior to the Contractor's receipt of the notice of termination, if the City is the terminating party, or the Contractor's sending of the notice of tennination, if the Contractor is the terminating party; provided. however. that a notice of termination shall not nullify or otherwise affect either party's liability for pre-termination defaults under or breaches of this Agreement. The Contractor shall submit an invoice for such work within thirty (30) days of receiving or sending the notice of termination. Notwithstanding the foregoing, this Agreement may be terminated immediately upon written notice to the Contractor if the Contractor becomes unable to perform the services contracted for, as determined by the City or if, during the term of this Agreement, the Contractor or any of its officers, employees or agents is indicted for fraud, embezzlement or other crime due to misuse of City funds or due to the Appropriations paragraph herein. THIS PROVISION IS NOT EXCLUSIVE AND DOES NOT WAIVE THE City's OTHER LEGAL RIGHTS AND REMEDIES CAUSED BY THE CONTRACTOR'S DEFAULT/BREACH OF THIS AGREEMENT B. Termination Management. Immediately upon receipt by either the City or the Contractor of notice of termination of this Agreement, the Contractor shall: I) not incur any further obligations for salaries, services or any other expenditure of funds under this Agreement without written approval of the City; 2) comply with all directives issued by the City in the notice of termination as to the performance of work under this Agreement; and 3) take such action as the City shall direct for the protection, preservation, retention or transfer of all property titled to the City and records generated under this Agreement. Any non- expendable personal property or equipment provided to or purchased by the Contractor with contract funds shall become property of the City upon termination and shall be submitted to the City as soon as practicable. 5. Appropriations. The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the City Council for the performance of this Agreement. If sufficient,appropriations and authorization are not made by the City Council, this Agreement shall terminate immediately upon written notice being given by the City to the Contractor. The City's decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final. If the City proposes an amendment to the Agreement to unilaterally reduce funding, the Contractor shall have the option to terminate the Agreement or to agree to the reduced funding, within thirty (30) days of receipt of the proposed amendment. 6. Status of Contractor. The Contractor and its agents and employees are independent contractors performing professional services for the City and are not employees of the City. The Contractor and its agents and employees shall not accrue leave, retirement, insurance, bonding, use of City vehicles, or any other benefits afforded to employees of the City as a result of this Agreement. The Contractor acknowledges that all sums received hereunder are reportable by the Contractor for tax purposes, including without limitation, self-employment and business income tax. The Contractor agrees not to purport to bind the City unless the Contractor has express written authority to do so, and then only within the strict limits of that authority. 7. Construction Contract Performance and P~Iment Bond. A. When a construction contract is awarded in excess of twenty-five thousand dollars ($25,000), the following bonds or security shall be delivered to the City and shall become binding on the parties upon the execution of the contract. If the Contractor fails to deliver the required performance and payment bonds, the Contractor's bid shall be rejected, its bid security shall be enforced to the extent of actual damages! Award of the contract shall be made pursuant to the Procurement Code in the following manner: (1) a performance bond satisfactory to the City, executed by a surety company authorized to do business in this state and said surety to be approved in federal circular 570 as published by the United States treasury department or the state board of finance or the local governing authority, in an amount equal to one hundred percent of the price specified in the contract; and (2) a payment bond satisfactory to the City, executed by a surety company authorized to do business in this state and said surety to be approved in federal circular 570 as published by the United States treasury department or the state board of finance or the local governing authority, in an amount equal to one hundred percent of the price specified in the contract, for the protection of a11 persons supplying labor and material to the contractor or its subcontractors for the performance of the work provided for in the contract. B. A subcontractor shall provide a performance and payment bond on a public works building project if the subcontractor's contract for work to be performed on a project is one hundred twenty-five thousand dollars ($125,000) or more. 8. Assignment. The Contractor shall not assign or transfer any interest in this Agreement or assign any claims for money due or to become due under this Agreement without the prior written approval of the City. 9. Subcontracting. The Contractor shall not subcontract any portion of the services to be performed under this Agreement without the prior written approval of the City. No such subcontract shall relieve the primary Contractor from its obligations and liabilities under this Agreement, nor shall any subcontract obligate direct payment from the City. 10. Release. Final payment of the amounts due under this Agreement shall operate as a release of the City, its officers and employees from all liabilities, claims and obligations whatsoever arising from or under this Agreement. 11. Confidentiality. Any confidentiaJ information provided to or developed by the Contractor in the performance of this Agreement shall be kept confidential and shall not be made available to any individual ororganization by the Contractor without the prior written approval of the City. 12. Product of Service -- Copyright. All materials developed or acquired by the Contractor under this Agreement shall become the property of the City and shall be delivered to the City no later than the termination date of this Agreement. Nothing developed or produced, in whole or in part, by the Contractor under this Agreement shall be the subject of an application for copyright or other claim of City ship by or on behalf of the Contractor. 13. Conflict of Interest; Governmental Comluct Act. A The Contractor represents and warrants that it presently has no interest and, during the tenn of this Agreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the perfonnance or services required under the Agreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this Agreement, will continue to comply with, and that this Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter I 0, Article 16 NMSA 1978. C. Contractoes representations and warranties in Paragraphs A and B of this Article 12 are material representations of fact upon which the City relied when this Agreement was entered into by the parties. Contractor shall provide immediate written notice to the City if, at any time during the term of this Agreement, Contractor learns that Contractor's representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor's representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the City and notwithstanding anything in the Agreement to the contrary, the City may immediately terminate the Agreement. D. All terms defined in the Governmental Conduct Act have the same meaning in this section. 14. Amendment. A This Agreement shall not be altered, changed or amended except by instrument in writing executed by the parties hereto and all other required signatories, B. If the City proposes an amendment to the Agreement to unilaterally reduce funding due to budget or other considerations, the Contractor shall, within thirty (30) days of receipt of the proposed Amendment, have the option to terminate the Agreement, pursuant to the termination provisions as set forth in Article 4 herein, or to agree to the reduced funding. 1. Change Orders A Changes. The Contractor may only make changes or revisions within the Scope of Work as defined by Article 1 and/or Exhibit 1 after receipt of written approval by the City Manager or his/her designee. Such change may only be made to tasks or sub•task as defined in the Scope of Work. Under no circumstance shall such change affect the: 1) Deliverable requirements, as outlined in the Scope of Work; 2) Due date of any Deliverable, as outlined in the Scope of Work; 3) Compensation of any Deliverable, as outlined in the Scope of Work; 4) Agreement compensation, as outlined in Article 2; or 5) Agreement termination, as outlined in Article 4. B. Change Request Process. In the event that circumstances warrant a change to accomplish the Scope of Work as described above, a Change Request shall be submitted that meets the following criteria: 1) The Project Manager shall draft a written Change Request for review and approval by the City Manager to include: (a) the name of the person requesting the change; (b) a summary of the required change; (c) the start date for the change; (d) the reason and necessity for change; (e) the elements to be altered; and (f) the impact of the change, 2. The City Manager shall provide a written decision on the change request to the Contractor within a maximum of ten (10) business days ofreceipt of the change request. All decisions made by the City Manager are final. Change Requests, once approved, become a part of the Agreement and become binding as a part of the original Agreement. 16. Merger. This Agreement incorporates all the Agreements, covenants and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, Agreements and understandings have been merged into this written Agreement. No prior Agreement or understanding, oral or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement. 17. Penalties for violation of law. The Procurement Code, Sections 13·1·28 through 13-1-199, NMSA 1978, imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities and kickbacks. 18. Equal Opportunity Compliance. The Contractor agrees to abide by all federal and state laws and rules and regulations, and Santa Fe City Code, pertaining to equal employment opportunity. In accordance with all such laws of the State of New Mexico, the Contractor assures that no person in the United States shall, on the grounds ofrace, religion, color, national origin, ancestry, sex, age, physical or mental handicap, or serious medical condition, spousal affiliation, sexual orientation or gender identity, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity performed under this Agreement. If Contractor is found not to be in compliance with these requirements during the life of this Agreement, Contractor agrees to take appropriate steps to correct these deficiencies. 19. Applicable Law. The laws of the State of New Mexico shall govern this Agreement, without giving effect to its choice of law provisions. Venue shall be proper only in a New Mexico court of competent jurisdiction in accordance with NMSA 1978, sec. 38-3-2. By execution of this Agreement, Contractor acknowledges and agrees to the jurisdiction of the courts of the State of New Mexico over any and all lawsuits arising under or out of any term of this Agreement. 20. Workers Compensation. The Contractor agrees to comply with state laws and rules applicable to workers compensation benefits for its employees. If the Contractor fails to comply with the Workers Compensation Act and applicable rules when required to do so, this Agreement may be terminated by the City. 21. Professiogal Liability Igsuragce. Contractor shall maintain professional liability insurance throughout the term of this Agreement providing a minimum coverage in the amount required under the New Mexico Tort Claims Act. The Contractor shall furnish the City with proof of insurance of Contractor's compliance with the provisions of this section as a condition prior to performing services under this Agreement. 22. Other Insurance If the services contemplated under this Agreement will be performed on or in City facilities or property, Contractor shijll maintain in force during the entire term of this Agreement, the following insurance coverage(s), naming the City as additional insured. A. Commercial General Liability insurance shall be written on an occurrence basis and be a broad as ISO Form CG 00 01 with limits not less than $2,000,000 per occurrence and $2,000,000 in the aggregate for claims against bodily injury, personal and advertising injury, and property damage. Said policy shall include broad form Contractual Liability coverage and be endorsed to name the City of Santa Fe their officials, officers, employees, and agents as additional insureds. B. Business Automobile Liability insurance for all owned, non-owned automobiles, with a combined single limit not less than $1,000,000 per accident. C. Broader Coverage and Limits. The insurance requirements under this Agreement shall be the greater of (l) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Named Insured. It is agreed that these insurance requirements shall not in any way act to reduce coverage that is broader or that includes higher limits than the minimums required herein. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor hereunder. D. Contractor shall maintain the above insurance for the te1m of this Agreement and name the City as an additional insured and provide for 30 days cancellation notice on any Certificate of Insurance form furnished by Contractor. Such certificate shall also specifically state the coverage provided under the policy is primary over any other valid and collectible insurance and provide a waiver of subrogation. 23. .Records and Financial Audit. The Contractor shall maintain detailed time and expenditure records that indicate the date; time, nature and cost of services rendered during the Agreement's term and effect and retain them for a period of three (3) years from the date of final payment under this Agreement. The records shall be subject to inspection by the City. The City shall have the right to audit billings both before and after payment. Payment under this Agreement shall not foreclose the right of the City to recover excessive or illegal payments. 24. Indemnification. The Contractor shall defend, indemnify and hold harmless the City from all actions, proceeding, claims, demands, costs, damages, attorneys' fees and all other liabilities and expenses of any kind from any source which may arise out of the performance of this Agreement, caused by the negligent act or failure to act of the Contractor, its officers, employees, servants, subcontractors or agents, or if caused by the actions of any client of the Contractor resulting in injury or damage to persons or property during the time when the Contractor or any officer, agent, employee, servant or subcontractor thereof has or is performing services pursuant to this Agreement. In the event that any action, suit or proceeding related to the services performed by the Contractoror any officer, agent, employee, servant or subcontractor under this Agreement is brought against the Contractor, the Contractor shall, as soon as practicable but no later than two (2) days after it receives notice thereof, notify the legal counsel of the City. 25. New Mexico Tort Claims Act Any liabiJity incurred by the City of Santa Fe in connection with thisAgreement is subject to the immunities and limitations of the New Mexico Tort Claims Act, Section 41-4-1, et seq. NMSA 1978, as amended. The City and its "public employees" as defined in the New Mexico Tort Claims Act, do not waive sovereign immunity, do not waive any defense and do not waive any limitation of liability pursuant to law. No provision in this Agreement modifies or waives any provision of the New Mexico Tort Claims Act. 26. Ipyalid Term or Comlition. If any term or condition of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected and shall be valid and enforceable. 27. Enforcement of Agreement. A party's failure to require strict performance of any provision of this Agreement shall not waive or diminish that pa11y's right thereafter to demand strict compliance with that or any other provision. No waiver by a pat1y of any of its rights under this Agreement shall be effective unless express and in writing, and no effective waiver by a pa11y of any of its rights shall be effective to waive any other rights. 28. Notices. Any notice required to be given to either pa11y by this Agreement shall be in writing and shall be delivered in person, by courier service or by U.S. mail, either first class or certified, return receipt requested, postage prepaid, as follows: To the City: Regina Wheeler, Public Works Depa11ment, City of Santa Fe, P.O. Box 909, Santa Fe, NM 87504-0909, rawhee ler@santafenm,i;rnv, To the Contractor: Erik Trujillo, Vice-President, GME General Building, LLC., 5935 Agua Fria Street, Santa Fe, NM 87507, erik@generalbuilding.com. 29. Authorjty. If Contractor is other than a natural person, the individual(s) signing this Agreement on behalf of Contractor represents and warrants that he or she has the power and authority to bind Contractor, and that no further action, resolution, or approval from Contractor is necessary to enter into a binding contract. 30. Progress Payments. Based upon Application for Payment submitted to the City by the Contractor and Ce11ificates for Payment issued by the City, the City shall make progress payments on account of the Contract sum to the Contractor as provided in the Contract documents for the period ending the last day of the month as follows: Not later than twenty-one (21) days fol lowing the end of the period covered by the Application for Payment, one hundred percent (I 00%) of the portion of the Contract Sum properly allocable to labor, materials, and equipment incorporated in the work and one hundred percent (I 00%) of the po11ion of the Contract sum properly allocable to materials and equipment suitably stored at the site or some other location agreed upon in writing for the period covered by the Application for Payment, less the aggregate of previous payments made by the City; and upon substantial completion of the entire work, a sum sufficient to increase the total payments to one hundred percent ( 100%) of the Contract sum, less such amounts as the City shall determine for all incomplete work and unsettled claims as provided in the Contract documents. 31. Liquidated Damages. Should the Contractor neglect, refuse, or otherwise fail to complete the work within the Contract Time for Physical Completion or any extension in the Contract thereof, the Contractor agrees to pay the City the amount specified in section I 08.8 Liquidated Damages in the 2014 Edition (NMDOT SSHBC), per consecutive calendar day that passes until Physical Completion and acceptance or until voided pursuant to the provisions of the General Conditions of the Contract, not as a penalty, but as liquidated damages for such breach of the Contract. 32. Final Payment. Final payment, constituting the entire unpaid balance of the Contract sum, unless it is a disputed payment, shall be paid by the City to the Contractor within twenty-one (21) calendar days, after all deficiencies to the Contract document that were noted during the Substantial Completion Inspection and listed on the attachment to the Certificate of Substantial Completion have been corrected, and provided the Contract has been fully performed and a final Certificate for Payment has been issued by the City. In addition, the Contractor shall provide to the City a certified statement of Release of Lien (AIA Document G706A or approved form), Consent of Surety, Warranty from Prime Contractor, Warranties from Suppliers and Manufacturers, training sessions, equipment/operating manuals, and as- built drawings. 33. Schedule. The Contractor shall, within five (5) days after the effective date of Notice to Proceed, prepare and submit a progress schedule covering project operations for the 30-day Contract period. This progress schedule shall be of the type generally referred to as a Critical Path Method (CPM), Critical Path Schedule (CPS), and Critical Path Analysis (CPA), ant other similar designations. The CPM shall be used to control the timing and sequences of the project. All work shall be done in accordance with the CPM Planning and Scheduling. A written statement of explanation shall be submitted with the progress schedule. All costs incurred by the contractor to implement the CPM shall be borne by the Contractor, and are part of their Contract. 34. General and Special Provisions, . A. Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. B. An enumeration of the Contractor's General Comprehensive Liability Insurance requirements appears in the General Conditions of the Contract for construction. Insurance requirements are also described in the Instructions to the Bidder section of the Project Manual. Contractor shall maintain adequate insurance in at least the maximum amounts, which the City could be liable under the New Mexico Tort Claims Act and shall provide proof of such insurance coverage to the City. lt is the sole responsibility of the Contractor to be in compliance with the Jaw. C. This Agreement shall not become effective until: (l) approved by the Governing Body; and (2) signed by all parties required to sign this Agreement. D. The Contractor shaH maintain detailed time records which indicate the date, time and nature of services rendered. These records shall be subjectto inspection by the City, the Department of Finance and Administration and the State Auditor. The City shall have the right to audit billings both before and after payment. Payment under this Agreement shall not foreclose the right of the City to recover excessive illegal payments. E. The Contractor warrants that the Contractor presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the perfonnance or services required under this Agreement. F. The Contractor hereby warrants that the Contractor complies with the Americans with Disabilities Act, 29 CFR 1630. G. Gender, Singular/Plural. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. H. Captions and Section Headings. The captions and section headings contained in this Agreement are for convenience of reference only, and in no way limit, define, or enlarge the terms, scope, and conditions of this Agreement. I. Certificates and Documents Incorporated. All certificates and documentation required by the provisions of the Agreement shall be attached to this Agreement at the time of execution, and are hereby incorporated by reference as though set forth in full in this Agreement to the extent they are consistent with its conditions and terms. J. Separability. If any clause or provision of this Agreement is illegal, invalid or unenforceable under present or future laws effective during the term of this Agreement, then and in that event, it is the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby. K. Interchangeable Terms. For purposes of all provisions within this Agreement and all attachments hereto, the terms "Agreement" and "Contract" shall have the same meaning and shall be interchangeable. L. Words and Phrases. Words, phrases, and abbreviations, which have well-known technical or trade meanings used in the Contract documents shall be used according to such recognized meaning. In the event of a conflict, the more stringent meaning shall govern. M. Relationship of Contract Documents. The Contract Documents are complementary, and any requirement of one Contract Document shall be as binding as if required by all. N. Pursuant to Section 13-1-191, NMSA 1978, reference is hereby made to the Criminal Laws of New Mexico (including Sections 30-14-1, 30-24-2, and 30-41-1 through 30-41-3, NMSA 1978) which prohibit bribes, kickbacks, and gratuities, violation of which constitutes a felony. Further, the Procurement Code (Sections 13-1-28 through 13-1-199, NMSA 1978) imposes civil and criminal penalties for its violation. 0. Pursuant to Section 13-4-11. NMSA 1978, Reference is hereby made to the Minimum Wage on Public Works; weekly payments; posting wage scale; withholding funds. IN WITNESS WHEREOF, the Pa11ies have executed this Agreement as of the date of the signature by the required approval authorities below. CITY OF SANTA FE: ALAN WEBBER, MAYOR DATE: May 14, 2023 ATTEST: CONTRACTOR: GME General Building, LLC E~=-o-~-- VICE-PRESIDENT DATE: 4- (1-23 CRS# 03-420217-00-0 Registration # 19-00110289 KRISTINE BUSTOS MIHELCIC, CITY CLERK XIV GB MTG 5/10/2023 CITY ATTORNEY'S OFFICE: Mateo,r MattittezMateos Martinez (Apr 18, 202316:26 MOTi SENIOR ASSISTANT CITY ATTORNEY APPROVED FOR FINANCES: EMILY OSTER, FINANCE DIRECTOR Various Org. Name/Org# GB GME General Building Amendment 3 to Item #23-0224 Final Audit Report Created: By: Status: Transaction ID: 2026-09-01 Amanda Archuleta (ajarchuleta@santafenm.gov) Signed CBJCHBCAPS~wQWsoXB6zfhaZZcQzGvVk656kaLDQ3a 2026-09-01 Documents: GB GME General Building Amendment 3 to Item #23-0224.pdf (60 pages) Number of Documents: Document page count: 60 Number of supporting files: 0 Supporting files page count: 0 "GB GME General Building Amendment 3 to Item #23-0224" His tory ~ Document created by Amanda Archuleta (ajarchuleta@santafenm.gov) 2026-09-01 -12:58:50 PM GMT- IP address: 63.232.20.129 E?.. Document emailed to YVONNE SWENSON (ycswenson@santafenm.gov) for signature 2026-09-01 - 1:00:59 PM GMT ~ Email viewed by YVONNE SWENSON (ycswenson@santafenm.gov) 2026-09-01 - 3:14:59 PM GMT- IP address: 63.232.20.129 0o, Document e-signed by YVONNE SWENSON (ycswenson@santafenm.gov) Signature Date: 2026-09-01 - 3:15: 18 PM GMT - Time Source: server- IP address: 63.232.20.129 - Signature Appearance Selected: DRAW E?.. Document emailed to MARCOS ESQUIBEL (mpesquibel@santafenm.gov) for signature 2026-09-01 - 3:15:27 PM GMT ~ Email viewed by MARCOS ESQUIBEL (mpesquibel@santafenm.gov) 2026-09-01 - 4:26:19 PM GMT- IP address: 63.232.20.129 0o Document e-signed by MARCOS ESQUIBEL (mpesquibel@santafenm.gov) Signature Date: 2026-09-01 - 4:26:42 PM GMT - Time Source: server- IP address: 63.232.20.129 - Signature Appearance Selected: IMAGE I Poweredby Adobe Acrobat Sign g Document emailed to JOHN BURNETT Usburnett@santafenm.gov) for signature 2026-09-01 - 4:26:51 PM GMT ~ Email viewed by JOHN BURNETT Usburnett@santafenm.gov) 2026-09-01 - 4:30:16 PM GMT- IP address: 174.203.4.211 ~ Document e-signed by JOHN BURNETT Usburnett@santafenm.gov) Signature Date: 2026-09-01 - 4:30:50 PM GMT - Time Source: server- IP address: 174.203.4.211 - Signature Appearance Selected: MOBILE_DRAW C, Agreement completed. 2026-09-01 - 4:30:50 PM GMT I Poweredby Adobe Acrobat Sign Item No.: ----- Munis Contract No.: 3204021 Original Contract Item No.: 23-0224 ITB No.: 23/48/B CITY OF SANTA FE, PUBLIC WORKS DEPARTMENT AMENDMENT No. 3 TO Item No. 23-0224 ON-CALL CONSTRUCTION CONTRACT This AMENDMENT No. 3 (the "Amendment") amends the CITY OF SANTA FE CONTRACT, dated May 14, 2023 (the "Contract"), between the City of Santa Fe (the "City") and GME General Building LLC (the "Contractor"). The date of this Amendment shall be the date when it is executed by the City and the Contractor whichever occurs last. RECITALS: A. Under the terms of the Contract, Contractor has agreed to provide on-call roadway and trail construction services, which consists of, but are not limited to: construction of new pavement, multi-use trail sections, and related infrastructure such as storm water drainage, bicycle, and pedestrian facilities, throughout the City of Santa Fe. B. Pursuant to Article 14 of the Contract, and for good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the City and the Contractor agree as follows: CoSF 1. COMPENSATION A. Article 2, paragraph A of the Contract is amended to increase the amount of compensation by a total of $1,635,000.00, to account for NMGRT not having been inserted into the original Contract and Amendment 2. Article 2, paragraph A reads in its entirety as follows: The City shall pay to the Contractor in full payment for services satisfactorily Version 7 6.20.2025 performed as per task order. When a task order is issued, the awarded contractor will price the items in revised Attachment 1 according to the prices bid and will price the items in Attachment 2 according to the specifications in the Task Order for those items. The total amount payable to the Contractor under this agreement, including Alternates (if needed), shall not exceed twenty-one million six hundred thirty-five thousand dollars ($21,635,000.00) including gross receipts tax. The New Mexico gross receipts tax levied on the amounts payable under this Agreement shall be paid by the City to the Contractor. This amount is a maximum and not a guarantee that the work assigned to be performed by Contractor under this Agreement shall equal the amount stated herein. The parties do not intend for the Contractor to continue to provide services without compensation when the total compensation amount is reached. Contractor is responsible for notifying the City when the services provided under this agreement reach the total compensation amount. In no event will the Contractor be paid for services provided in excess of the total compensation amount without this Agreement being amended in writing prior to those services in excess of the total compensation amount being provided. 2. CON1RACT IN FULL FORCE Except as specifically provided in this Amendment, the Contract remains and shall remain in full force and effect, in accordance with its terms. [SIGNATURE PAGE TO FOLLOW] 2 IN WITNESS WHEREOF, the parties have executed this Amendment No. 3 to the Contract as of the dates set forth below. CITY OF SANTA FE: MICHAELJ. GARCIA, MAYOR DATE:-------- ATTEST: GERALYN CARDENAS, CITY CLERK CITY ATTORNEY'S OFFICE: Kevin L NauttKevin L. Nault (Jun 4, 2026 08:52:59 MDT) KEVIN NAULT, ASSISTANT CITY ATTORNEY APPROVED FOR FINANCES: CONTRACTOR: GME General Building LLC ~Erik Trujillo (Jun 3, 2026 17:00:19 MDT) ERIK TRUJILLO, VICE PRESIDENT DATE: Jun 3, 2026 NMBTIN: 03-420217000 AND.REA.P1llLL.I:e.S,.INIERIM FINANCE DIRECTOR Monica Maestas 3 GME General Buidling LLC Amendment 3 CoSF Final Audit Report Created: By: Status: Transaction ID: 2026-06-01 MATTHEW HARDING (mrharding@santafenm.gov) Signed CBJCHBCAABAAGklBWkEQOow919JlsVqsz1VfBLQtUTys 2026-06-04 "GME General Buidling LLC Amendment 3_CoSF" History ~ Document created by MATTHEW HARDING (mrharding@santafenm.gov) 2026-06-01 -10:50:00 PM GMT- IP address: 63.232.20.2 12.. Document emailed to Erik Trujillo (erik@gmegeneralbuilding.com) for signature 2026-06-01 - 10:50:30 PM GMT ~ Email viewed by Erik Trujillo (erik@gmegeneralbuilding.com) 2026-06-01 - 10:51 :01 PM GMT- IP address: 54.85.141.2 ~ Email viewed by Erik Trujillo (erik@gmegeneralbuilding.com) 2026-06-03 - 10:54:58 PM GMT- IP address: 54.204.84.167 ~ Document e-signed by Erik Trujillo (erik@gmegeneralbuilding.com) Signature Date: 2026-06-03 - 11 :00:19 PM GMT - Time Source: server- IP address: 76.74.98.194 - Signature Appearance Selected: MOBILE_DRAW 12.. Document emailed to Kevin Nault (klnault@santafenm.gov) for signature 2026-06-03 - 11 :00:21 PM GMT ~ Email viewed by Kevin Nault (klnault@santafenm.gov) 2026-06-04- 2:52:12 PM GMT- IP address: 63.232.20.2 ~ Signer Kevin Nault (klnault@santafenm.gov) entered name at signing as Kevin L. Nault 2026-06-04 - 2:52:57 PM GMT- IP address: 63.232.20.2 ~ Document e-signed by Kevin L. Nault (klnault@santafenm.gov) Signature Date: 2026-06-04 - 2:52:59 PM GMT - Time Source: server- IP address: 63.232.20.2 - Signature Appearance Selected: TYPE 0 Agreement completed. 2026-06-04 - 2:52:59 PM GMT I Poweredby Adobe Acrobat Sign GB_G ME_General_Bu iId ing_Amend ment_3_to_l tem_#23-0224_supporting_docs (2) Final Audit Report 2026-09-02 Created : 2026-09-01 By: JUAN VELA Gevela@santafenm.gov) Status: Signed Transaction ID: Documents: CBJCHBCAABAAiBDWQqLvjMcOPGEaaDOunWNYddEttWJi GB_GME_General_Building_Amendment_3_to_ltem_#23-0224_supporting_docs (2).pdf (58 pages) GB_GME_General_Building_Amendment_3_CAO.pdf (4 pages) Number of Documents: 2 Document page count: 62 Number of supporting files: 0 Supporting files page count: 0 "GB_GME_General_Building_Amendment_3_to_ltem_#23-0224_ supporting_docs (2)" History t:l Document created by JUAN VELA Uevela@santafenm.gov) 2026-09-01 - 9:13:37 PM GMT- IP address: 73.26.151.22 18'. Document emailed to JUAN VELA Uevela@santafenm.gov) for filling 2026-09-01 - 9:20:11 PM GMT 0o Form filled by JUAN VELA Uevela@santafenm.gov) Form filling Date: 2026-09-01 - 9:21 :03 PM GMT - Time Source: server- IP address: 73.26.151 .22 - Signature Appearance Selected : TYPE 18'. Document emailed to Andrew Hopkins (ajhopkins@santafenm.gov) for signature 2026-09-01 - 9:21 :27 PM GMT t:l Email viewed by Andrew Hopkins (ajhopkins@santafenm .gov) 2026-09-01 - 9:38:25 PM GMT- IP address: 104.47.64.254 0o Document e-signed by Andrew Hopkins (ajhopkins@santafenm.gov) Signature Date: 2026-09-01 - 9:38:46 PM GMT - Time Source: server- IP address: 63.232.20.2 - Signature Appearance Selected: IMAGE 18'. Document sent to JoAnn Lovato Udlovato@santafenm.gov) and Travis Dutton-Leyda (tkduttonleyda@santafenm.gov) for signature. One of them to sign 2026-09-01 - 9:39:11 PM GMT I Powered by Adobe Acrobat Sign ~ Email viewed by Travis Dutton-Leyda (tkduttonleyda@santafenm.gov) 2026-09-01 - 11 :24:36 PM GMT- IP address: 153.66.23.197 ~ Email viewed by JoAnn Lovato 0dlovato@santafenm .gov) 2026-09-02 - 3:33:50 PM GMT- IP address: 73.228.7.52 0o Document e-signed by JoAnn Lovato 0dlovato@santafenm.gov) Signature Date: 2026-09-02 - 3:36:09 PM GMT - Time Source: server- IP address: 73.228.7.52 - Signature Appearance Selected: IMAGE E?. Document emailed to Monica Maestas (mfmaestas@santafenm.gov) for signature 2026-09-02 - 3:36:42 PM GMT ~ Email viewed by Monica Maestas (mfmaestas@santafenm.gov) 2026-09-02- 6:26:45 PM GMT- IP address: 76.113.88.69 0o Document e-signed by Monica Maestas (mfmaestas@santafenm.gov) Signature Date: 2026-09-02 - 6:27:25 PM GMT - Time Source: server- IP address: 76.113.88.69 - Signature Appearance Selected: MOBILE_IMAGE 9 Agreement completed. 2026-09-02 - 6:27:25 PM GMT I Powered by Adobe Acrobat Sign